High Court · 2025

WP No. 26980 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28-10-2025CORAM :THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYANWP No. 26980 of 2025C. Muthusamy ..PetitionerVs1. The State Of Tamil NaduRep. By Its Secretary To Government, Environment, Climate Change And Forest Department, Fort St. George, Chennai-9.2.The Principal Chief Conservator Of Forests, (Head of Forest Force),Panagal Maaligai,Saidapet, Chennai-15.RespondentsPRAYER : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of Certiorarified Mandamus, calling for the records in Ref. No LL2 / 9421 / 2021 dated 21.06. 2022 on the file of the 2nd respondent and quash the same with consequential direction to the respondents to regularize petitioner service in the cadre of Forest Watcher on par with petitioner junior namely A. Yagappan (SWS.No 1976) with effect from 24.01.1995 from the purpose of getting pension by giving relaxation in respect of height in the light 1 https://www.mhc.tn.gov.in/judis WP No. 26980 of 2025of the order passed by this Court in W.P. No 9708 of 2014 dated 12.09.2014 same was affirmed by Division Bench in W.A. No 1703 of 2014 dated 20.01.2015 and similar case was implemented by the first respondent in G.O (2D) No 48 Environment Climate change and Forests (FR. 2 (II) Department dated 07.04.2022 with all consequential benefits. For Petitioner:M/s. K.JenithaFor Respondents: Mr. Premkumar, GAORDERThe prayer sought for in the writ petition is to call for the records in Ref. No LL2 / 9421 / 2021 dated 21.06. 2022 on the file of the 2nd respondent and quash the same with consequential direction to the respondents to regularize petitioner service in the cadre of Forest Watcher on par with petitioner junior namely A. Yagappan (SWS.No 1976) with effect from 24.01.1995 from the purpose of getting pension by giving relaxation in respect of height in the light of the order passed by this Court in W.P. No 9708 of 2014 dated 12.09.2014 same was affirmed by Division Bench in W.A. No 1703 of 2014 dated 20.01.2015 and similar case was implemented by the first respondent in G.O (2D) No 48 Environment Climate change and Forests (FR. 2 (II) Department dated 07.04.2022 with all consequential benefits.2 https://www.mhc.tn.gov.in/judis WP No. 26980 of 20252. Heard the learned counsel on either side and perused the materials available on record. 3. The petitioners were appointed as Social Forestry Worker on 01.06.1982. Thereafter, the Government had drawn the State Wide Seniority lof Plot Watcher/Social Forestry Workers in the year 1999. The petitioner was included in the serial No. 1933. Without following the seniority list, Government issued G.O.Ms.No.95, Environment and Forest Department dated 07.08.2009 and the petitioner was brought into regular time scale of pay as Supernumerary Plot Watcher. The posts to which the petitioners were brought into regular time scale of pay is not a cadre post and it was only a supernumerary post. Therefore, the petitioners submitted representations seeking to consider in accommodating him in the regular cadre post of Forest Watcher by giving them relaxation with respect to height or age as the case may be, so as to enable the petitioner to get all the consequential benefits. 3 https://www.mhc.tn.gov.in/judis WP No. 26980 of 20254. Similarly placed persons were granted relief in W.P.No.23647 of 2013 dated 12.09.2014. The said order was also confirmed by the Hon'ble Division Bench of this Court in W.A.No.2072 of 2018 dated 11.08.2021. In fact, the said order was duly complied with by issuance of G.O.(2D).No.09 Environment, Climate Change and Forest (FR.2(II)) Department dated 08.02.2022. However, the representation of the petitioners is not considered so far. 5. In similar matters, this Court considered the similar request in W.P.Nos.21349 of 2023 and batch dated 03.08.2023 and held as follows:-“7. Admittedly, the grievance of the writ petitioner is 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 4 https://www.mhc.tn.gov.in/judis WP No. 26980 of 2025the petitioners in the light the above Government Orders, as the benefit has been 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. ......” 6. In view of the above, the impugned order cannot be sustained and is liable to be quashed. Accordingly, the Government Letter in Ref.No.LL2/9421/2021 dated 21.06.2022, is hereby quashed. The respondents are directed to consider the case of the petitioner and pass orders on merits and in accordance with law, in the light of the order passed in W.P.Nos.21349 of 2023 and batch dated 03.08.2023, as the benefits have been extended to similarly placed persons, within a period of twelve weeks from the date of receipt of a copy of this order. 5 https://www.mhc.tn.gov.in/judis WP No. 26980 of 20257. In the result, this writ petition stands allowed. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.28-10-2025Index:Yes/NoInternet:YesakTo1. The Additional Chief Secretary to Government, Environment, Climate Change And Forest Department, Fort St. George, Chennai-9.2.The Principal Chief Conservator Of Forests, (Head of Forest Force),Panagal Maaligai,Saidapet, Chennai-15.6 https://www.mhc.tn.gov.in/judis WP No. 26980 of 2025G.K.ILANTHIRAIYAN, J.akWP No. 26980 of 2025 28-10-20257