High Court · 2025

W.P.No.12139 of 2025 etc batch.IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 29.10.2025CORAMTHE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYANW.P.Nos.12139, 12143, 12356, 12358, 12362, 12366, 12367, 12377, 12382, 12384, 12388, 12390, 14708 and 15321 of 2025and WMP.Nos.13704, 13953, 13958, 13963, 13977 and 13982 of 2025[WP.No.12139 of 2025]C.Ayyannan .... PetitionerVs.1.Government Of Tamil Nadu Rep. By Its Additional Chief Secretary to Government, Environment,Climate Change and Forest (FR.2ii) Department, Fort St George, Chennai 600009.2.The Principal Chief Conservator Of Forests(Head Of Forest Force) Velachery Main Road, Guindy, Chennai 32. .... RespondentsPrayer:- Writ Petition filed under Article 226 of Constitution of India for Page 1 of 9 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc batch.the issuance of Writ of Certiorarified Mandamus, Calling for the entire records which culminated in issuing the G.O(2D) No.36 Environment, Climate Change and Forest (FR.2ii) Department dated 17.02.2023 on the file of the First Respondent and quash the same in so far as the petitioner is concerned and consequently directing the respondents to regularize the service of petitioner in the cadre post of forest watcher for purpose of getting minimum Family Pension by giving relaxation in respect of height on par with juniors namely P.Karuppiah S.No.4608 with effect from 24.01.1995 in the light of the order passed by this Hon’ble High Court in WP.No. 23647 of 2013 dated 12.09.2014 same was affirmed by Division Bench in WA.No. 2072 of 2018 dated 11.08.2021 and implementation order passed by the 1st respondent in G.O.(2D) No.09 Environment, Climate Change and Forest (FR 2 (II) Department dated 08.02.2022 and light of order in WP.Nos.21349 and etc. Batch of 2023 dated 03.08.2023 and in the light of order in WP.No. 34255 of 2023 dated 23.01.2024 within a time limit that may be fixed by this Hon’ble court.In all W.PsFor Petitioner:Mr.S.ManiFor Respondents:Mr.C.Selvaraj, AGPPage 2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc batch.C O M M ON O R D E RThe Writ Petitions in W.P.Nos.12139, 12356, 12362, 12358, 12377, 12384 of 2025 have been filed challenging the orders passed by the respondents dated 17.02.2023, 22.01.2025, 04.02.2025, 25.01.2025, 20.08.2024 & 15.07.2024 respectively, thereby rejecting the request made by the petitioners and consequently to direct the respondents to regularize the petitioner's/petitioner's husband's service in the cadre of Forest Watcher for the purpose of getting minimum pension/family pension by giving relaxation in respect of height as the same was allowed for similarly placed persons like the petitioners/petitioner's husband, in the light of the order passed by this Court in W.P.Nos.21349 & etc., batch of 2023 dated 03.08.2023 within a time limit that may be fixed by this Court.2.The Writ Petitions in W.P.Nos.12366, 12143, 12367, 12382, Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc batch.12390, 12388, 14708 & 15321 of 2025 have been filed for direction directing the respondents to regularize the petitioners/petitioners' husband's service in the cadre of Forest Watcher for the purpose of getting minimum pension/family pension by giving relaxation in respect of height as the same was allowed for similarly placed persons like the petitioners/petitioner's husband, in the light of the order passed by this Court in W.P.Nos.21349 & etc., batch of 2023 dated 03.08.2023, within a time limit that may be fixed by this Court. 3.Heard the learned counsel appearing on either side and perused the materials available on record.4.In similar matters, this Court considered the similar request in W.P.Nos.21349 of 2023 and etc., batch dated 03.08.2023 and held as follows:- “7. Admittedly, the grievance of the writ petitioner is Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc batch.that he is seeking regularization of service for pensionary benefits. It is the contention of the writ petitioners that similarly persons have been given such benefits as per Government Orders in G.O.Ms.No.95, Environment and Forest Department, dated 07.08.2009, G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023 and G.O. [2D] No.9, dated 08.02.2022. Based on the Orders of this Court in W.A.No.2072 of 2018, dated 11.08.2021, the Government has issued the Government Order in G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023. As per the above Government Orders, the relief has been extended to similarly placed persons. Hence, the respondents are directed to consider the case of the petitioners in the light the above Government Orders, as the benefit has been Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc batch.extended to similarly placed person. In fact the plot watchers are frontline soldiers in forest and they are main protectors of the forest. These facts cannot be disputed by any one. Hence, while passing the Orders, the Government shall take into consideration the nature of service rendered by the petitioners and also the fact that when similarly placed persons have already been granted the relief, if the petitioners are not granted such relief, the same is nothing but discrimination and it violates Article 14 of Constitution of India. In such view of the matter, the respondent shall extend the benefits as per above Government Orders as it is extended to similarly situated persons. ......”5. In view of the above judgement, the impugned orders cannot be sustained and are liable to be set aside. Accordingly, the impugned orders passed by the respondents dated 17.02.2023, 22.01.2025, 04.02.2025, Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc batch.25.01.2025, 20.08.2024 & 15.07.2024, are hereby set aside. Further, the respondents are directed to consider the representation submitted by petitioners in all the Writ Petitions, in the light of the above order passed in W.P.Nos.21349 of 2023 etc., batch dated 03.08.2023, as the benefits have been extended to similarly placed persons and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 6.Accordingly, all the Writ Petitions are allowed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. 29.10.2025shrIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoNote:- Registry is directed to incorporatePage 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc batch.Cause title for all the cases andissue order copyTo1.Government Of Tamil Nadu Rep. By Its Additional Chief Secretary to Government, Environment,Climate Change and Forest (FR.2ii) Department, Fort St George, Chennai 600009.2.The Principal Chief Conservator Of Forests(Head Of Forest Force) Velachery Main Road, Guindy, Chennai 32.G.K.ILANTHIRAIYAN, J.shrPage 8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.12139 of 2025 etc batch.W.P.Nos.12139, 12143, 12356, 12358, 12362, 12366, 12367, 12377, 12382, 12384, 12388, 12390, 14708 and 15321 of 2025and WMP.Nos.13704, 13953, 13958, 13963, 13977 and 13982 of 202529.10.2025(1/2)Page 9 of 9