High Court · 2025

W.P.No.35783 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25.09.2025CORAM:THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRAW.P.No.35783 of 20251.A.Sankaralingam2.K.Nagarajan3.P.Soundararajan ...PetitionersVs.1.The State of Tamil Nadu,Rep. by its Additional Chief Secretary to Government,Environment, Climate Change and Forest Department,Fort St. George, Chennai, Tamil Nadu State – 600 009.2.The Principal Chief Conservator of Forest & Head of Forests Force,Velachery Main Road, Guindy,Chennai, Tamil Nadu State – 600 032. ...Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioners claim in respect of notional promotion in the post of Forester on par with their junior by including in the panel for the post of Forester for the year 2011-2012, qualified as on 15.08.2011 without insisting for completion of Vaigai Dam Training by relaxing the rules in the light of the order passed 1/9 https://www.mhc.tn.gov.in/judis W.P.No.35783 of 2025by this Hon'ble Court in W.P.No.40881 of 2016 dated 22.11.2016, same was affirmed by the Division Bench in W.A.No.2682 of 2019 dated 07.07.2021 and same was confirmed by the Supreme Court SLP (Civil) Diary No.(S) 27674 of 2022 dated 26.09.2022 and also the order in the light of the order passed in W.P.No.2584 of 2024 and W.P.No.32971 and 32976 of 2025 allowed on 06.02.2024 and 01.09.2025 respectively with all consequential service and monetary benefits for the propose of getting full pension by the way of our common representation to the respondents within time frame as fixed by this Hon'ble Court.For Petitioners : Mr.I.KannapatelFor Respondents: Mr.C.Selvaraj, Additional Government Pleader ORDER This writ petition has been filed seeking to direct the respondents to consider the petitioners' common representation made in respect of notional promotion to the post of Forester on a par with their junior, by including in the panel for the post of Forester for the year 2011-2012, qualified as on 15.08.2011 without insisting for completion of Vaigai Dam Training, by relaxing the rules in the light of the order passed by this Court in W.P.No.40881 of 2016 dated 22.11.2016, confirmed by the Hon'ble Division Bench in W.A.No.2682 of 2019 dated 07.07.2021, and 2/9 https://www.mhc.tn.gov.in/judis W.P.No.35783 of 2025subsequently confirmed by the Hon'ble Supreme Court in SLP (Civil) Diary No.(S) 27674 of 2022 dated 26.09.2022 and also in the light of the orders passed in W.P.No.2584 of 2024 and W.P.Nos.32971 & 32976 of 2025 dated 06.02.2024 and 01.09.2025 respectively, with all consequential service and monetary benefits for the propose of getting full pension.2. Mr.C.Selvaraj, learned Additional Government Pleader takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.3. The case of the petitioners is that, they joined the services of the Tamil Nadu Forest Subordinate Service in temporary capacity as Watcher on a full-time daily wage basis during the year 1978. Subsequently, the petitioners were absorbed as Forest Watchers during the year 1991 to 1995, Thereafter, the petitioners were promoted as Forest Guards in the year 1998 and were subsequently, reverted to the post of Forest Watcher and thereafter, once again, the petitioners were promoted in the year 2007. In the mean 3/9 https://www.mhc.tn.gov.in/judis W.P.No.35783 of 2025time, as some of the juniors of the petitioners were promoted as Foresters, the petitioners made representation seeking to promote them as Foresters. However, the said request of the petitioners was not considered on the ground that the petitioners did not complete the six months Vaigai Dam Training. The very same issue was put to challenge before this Court and this Court, vide order dated 22.11.2016 made in W.P.No.40881 of 2016, directed the respondents therein to include the name of the writ petitioners in the panel for the year 2011-2012 and promote them as Foresters from the date on which their juniors were promoted on notional basis and the said decision was subsequently confirmed by the Hon'ble Division Bench of this Court as well as the Hon'ble Apex Court. Hence, the petitioners requested the respondents to regularise their service and to grant subsequent promotion on a par with their junior namely, G.Venkatachalam. However, the same was not considered by the respondents. Hence, the petitioners approached this Court by way of filing writ petitions in the year 2015 seeking appointment on absorption as Forest Watchers on a par with their junior, the said G.Venkatachalam, with effect from 24.01.1995 and the said writ petitions were allowed and in compliance of the orders of this Court, though the 1st 4/9 https://www.mhc.tn.gov.in/judis W.P.No.35783 of 2025respondent has passed orders, he, failed to consider the fact that the petitioners' junior got his subsequent promotions upto the post of Forester. Once the petitioners' services were regularized with effect from 24.01.1995 as Forest Watcher on a par with their junior, the petitioners are also entitled to get the benefit of next promotions like Forest Guard and Forester, on a par with their junior notionally. However, the respondents have failed to do so. Hence, the petitioners submitted their common representation to the respondents, seeking to consider their claim in respect of notional promotion to the post of Forester on a par with their junior, by including in the panel for the post of Forester for the year 2011-2012, qualified as on 15.08.2011, without insisting for completion of Vaigai Dam Training, which evoked no response. Hence this writ petition.4. Though very many grounds have been raised, the learned counsel for the petitioners submitted that, it would suffice, if this Court issues a direction to the respondents to consider the petitioners' common representation dated 11.03.2025 and pass orders, as early as possible.5. Learned Additional Government Pleader appearing on behalf of the 5/9 https://www.mhc.tn.gov.in/judis W.P.No.35783 of 2025respondents submits that appropriate orders will be passed on the petitioners' common representation dated 11.03.2025 within the time stipulated by this Court.6. Considering the limited request made by the learned counsel for the petitioners, this Court, without going into the merits of the case, directs the respondents to consider the petitioners' common representation dated 11.03.2025 and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the petitioners and aggrieved persons, if any.7. With the above directions, this writ petition stands disposed of. No costs. 25.09.2025(2/2)sktIndex: Yes/NoSpeaking order : Yes/NoNCC: Yes/No6/9 https://www.mhc.tn.gov.in/judis W.P.No.35783 of 2025To:1.The Additional Chief Secretary to Government,State of Tamil Nadu,Environment, Climate Change and Forest Department,Fort St. George, Chennai, Tamil Nadu State – 600 009.2.The Principal Chief Conservator of Forest & Head of Forests Force,Velachery Main Road, Guindy,Chennai, Tamil Nadu State – 600 032. A.D.JAGADISH CHANDIRA, J.7/9 https://www.mhc.tn.gov.in/judis W.P.No.35783 of 2025sktW.P.No.35783 of 2025(2/2)25.09.2025WMP.No.40028 of 20258/9 https://www.mhc.tn.gov.in/judis W.P.No.35783 of 2025inW.P.No.35783 of 2025A.D.JAGADISH CHANDIRA, J.In view of amendment to the Court fee rules, this petition is allowed, subject to payment of separate Court fee, within a period of two weeks, from the date of receipt of a copy of this order, if not already paid, failing which this order shall be applicable only to the first petitioner.25.09.2025(1/2)skt9/9