High Court · 2025

WP No. 29246 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28-10-2025CORAM :THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYANWP No. 29246 of 2025R.Sivanandini ..PetitionerVs1. The State Of Tamil NaduRep. By its 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.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. LL3/10722/2021 dated 09.07.2022 on the file of the 2nd respondent and quash the same with the consequential direction to the respondents to regularize the petitioners service in the cadre of Forest watcher by relaxing rule 5(2) of the special rules in respect of height as was done in the case of his 1 https://www.mhc.tn.gov.in/judis WP No. 29246 of 2025junior namely V Natarajan SWSL no. 2178 with effect from 24.01.1995 for the purpose of getting minimum pension in teh light of the order passed by this Court in W. P no. 9708/2014 dated 12.09.2014 W.A.No. 1703/2024 dated 20.01.2025 SLP (Civil ) No. 12056/2015 dated 05.07.2016 W. P no. 15847/2021 dated 30.07.2021 and the same implemented by G.O. (2D) No. 58, Environment, Climate Change and Forests (FR.2(ii)) Department, dated 20.04.2022 and pass such further or other orders.For Petitioner:M/s. K.JenithaFor Respondents: Dr.T.Seenivasan, Spl.GPORDERThe prayer sought for in the writ petition is to call for the records in Ref No. LL3/10722/2021 dated 09.07.2022 on the file of the 2nd respondent and quash the same with the consequential direction to the respondents to regularize the petitioners service in the cadre of Forest watcher by relaxing rule 5(2) of the special rules in respect of height as was done in the case of his junior namely V Natarajan SWSL no. 2178 with effect from 24.01.1995 for the purpose of getting minimum pension in teh light of the order passed by this Court in W. P no. 9708/2014 dated 12.09.2014 W.A.No. 1703/2024 dated 20.01.2025 SLP (Civil ) No. 12056/2015 dated 05.07.2016 W. P no. 15847/2021 dated 30.07.2021 and the same implemented by G.O. (2D) No. 2 https://www.mhc.tn.gov.in/judis WP No. 29246 of 202558, Environment, Climate Change and Forests (FR.2(ii)) Department, dated 20.04.2022 and pass such further or other orders.2. Heard the learned counsel on either side and perused the materials available on record. 3. The petitioner was appointed as Plot Watcher on 01.10.1982. Thereafter, the Government in G.O.Ms.No. 64, Environment and Forest Department, dated 08.03.1999 had drawn the State Wide Seniority and the petitioner was included in the serial No. 2130. 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 Forest Watcher on 01.10.1982. The post to which the petitioner was brought into regular time scale of pay is not a cadre post and it was only a supernumerary post. Therefore, the petitioner submitted representation seeking to consider 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. 29246 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. 29246 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. LL3/10722/2021 dated 09.07.2022 on the file of the 2nd respondent, 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. 29246 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, Panigal Maligai,Saidapet, Chennai-15.6 https://www.mhc.tn.gov.in/judis WP No. 29246 of 2025G.K.ILANTHIRAIYAN, J.akWP No. 29246 of 2025 28-10-20257