High Court · 2025

WP No. 36961 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28-10-2025CORAM :THE HONOURABLE MR. JUSTICE G.K. ILANTHIRAIYANWP No. 36961 of 2025and WMP.No. 41348 of 20251.M.Rajan2.R.Nehru3.V.Ganesan ..PetitionersVs1. 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)Forest Head Quarters Building,Guindy, Chennai-32.RespondentsPRAYER : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of Certiorarified Mandamus, calling for the records in G.O.(2D)No.33 Environment Climate Change and Forest(FR.2(ii) Department 1 https://www.mhc.tn.gov.in/judis WP No. 36961 of 2025dated 17.02.2023 on the file of the 1st respondent and quash the same with consequential direction to the respondents to regularize the petitioners services in the cadre of forest watcher for the purpose of getting minimum 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 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 also in the light of the order made in W.P. No.28699 of 2023 dated 29.09.2023 within a time and and pass such further or other orders.For Petitioner:M/s. K.JenithaFor Respondents: Mr.C. Selvaraj, AGPORDERThe prayer sought for in the writ petition is to call for the records in G.O.(2D)No.33 Environment Climate Change and Forest (FR.2(ii)) Department dated 17.02.2023 on the file of the 1st respondent and quash the same with consequential direction to the respondents to regularize the petitioners services in the cadre of forest watcher for the purpose of getting minimum 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 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 2 https://www.mhc.tn.gov.in/judis WP No. 36961 of 2025also in the light of the order made in W.P. No.28699 of 2023 dated 29.09.2023 within a time 2. Heard the learned counsel on either side and perused the materials available on record. 3. The petitioners were appointed as Plot Watchers/Social Forestry Workers ondaily wage basis between 1979 and 1985 respectively. Thereafter, the Government had drawn the State Wide Seniority of Plot Watcher/Social Forestry Workers on 08.03.1999. Without following the seniority list, Government issued G.O.Ms.No.95, Environment and Forest Department dated 07.08.2009 and the petitioners were brought into regular time scale of pay as Supernumerary Plot Watchers in 2017 & 2018. The post 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 accommodating them 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 petitioners to get all the consequential benefits. 3 https://www.mhc.tn.gov.in/judis WP No. 36961 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 are 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 the petitioners in the light the above Government Orders, as the benefit has been extended to similarly placed person. In fact the plot 4 https://www.mhc.tn.gov.in/judis WP No. 36961 of 2025watchers 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 G.O.(2D)No.33 Environment Climate Change and Forest (FR.2(ii)) Department dated 17.02.2023 on the file of the 1st respondent is hereby quashed. The respondents are directed to consider the case of the petitioners 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. 36961 of 20257. In the result, this writ petition stands allowed. Consequently, connected Miscellaneous Petition if any, is closed. There shall be no order as to costs.28-10-2025Index:Yes/NoInternet:YesakTo1. The Additional Chief Secretary to GovernmentEnvironment, Climate Change and Forest Department, Fort St. George, Chennai-9.2.The Principal Chief Conservator Of Forests, (Head of the Department),Forest Head Quarters Building,Guindy, Chennai-32.6 https://www.mhc.tn.gov.in/judis WP No. 36961 of 2025G.K.ILANTHIRAIYAN, J.akWP No. 36961 of 2025and WMP.No. 41348 of 2025 28-10-20257