High Court · 2025

W.P.No.44421 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 18.11.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.44421 of 2025andW.M.P.No.49543 of 20251. R.Krishnaraj2. P.Raju3. M.Joseph...Petitioners -Vs-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 and Head of Forests Force, Velacherry Main Road, Guindy, Chennai, Tamil Nadu State-600 032.... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to calling for the entire records which culminated in issuing in Ref.No.HOTNFD/LL1/12716/2025 dated 28.10.2025 on the file of the second Respondent and quash the same with consequential direction to the respondents to notionally regularize the petitioners service by relaxing the rules after completion of ten years from the date of initial appointment as a Plot Watcher on daily wage basis on par with Junior Namely Mr.Karunanidhi seniority along with regular service as Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.44421 of 2025qualifying service for the purpose of getting pension and family pension in the light of Hon’ble Supreme Court Judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and Hon’ble Madras High Court orders passed in W.P. No.21627 of 2021 dated 07.10.2021, W.P.(MD) No.15339 of 2024 dated 10.07.2024, W.P.No.18079 of 2019 dated 19.11.2024 and W.P.No.19605 of 2024 dated 15.07.2024 were complied in G.O.(2D) No.127 dated on 03.06.2023, G.O.(2D) No.32 dated on 28.02.2025 and G.O.(2D) No.65 dated 21.04.2025 respectively of the first respondent as per Tamil Nadu Fundamental Rule 27(17) to Confer all Consequential pensionary benefits within time frame as fixed by this Hon’ble Court.For Petitioners : Mr.I.Kanna PatelFor Respondents : Mr.C.Selvaraj Additional Government Pleader ORDERThis writ petition has been filed to calling for the entire records which culminated in issuing in Ref.No.HOTNFD/LL1/12716/2025 dated 28.10.2025 on the file of the second Respondent and quash the same with consequential direction to the respondents to notionally regularize the petitioners service by relaxing the rules after completion of ten years from the date of initial appointment as a Plot Watcher on daily wage basis on par with Junior Namely Mr.Karunanidhi seniority along with regular service as qualifying service for the purpose of getting pension and family pension in the light of Hon’ble Supreme Court Judgment delivered in C.A.No.6798 of 2019 Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.44421 of 2025dated 02.09.2019 and Hon’ble Madras High Court orders passed in W.P. No.21627 of 2021 dated 07.10.2021, W.P.(MD) No.15339 of 2024 dated 10.07.2024, W.P.No.18079 of 2019 dated 19.11.2024 and W.P.No.19605 of 2024 dated 15.07.2024 were complied in G.O.(2D) No.127 dated on 03.06.2023, G.O.(2D) No.32 dated on 28.02.2025 and G.O.(2D) No.65 dated 21.04.2025 respectively of the first respondent as per Tamil Nadu Fundamental Rule 27(17) to Confer all Consequential pensionary benefits within time frame as fixed by this Hon’ble Court.2. Heard the learned counsel on either side and perused the materials available on record.3. The petitioners had joined in the Forest Department on daily wage basis from the year 1978. As per G.O.Ms.No.95, Environment and Forest Department dated 07.08.2009, the petitioners were brought in regular time scale of pay in the service of Plot Watcher (supernumerary), non-cadre post from 07.08.2009. Subsequently, they were promoted as Forest Watcher (Supernumerary post) in the cadre post on various dates. Subsequently, they retired from service due to the attainment of age of superannuation. However, the petitioners did not get any pensionary benefits after their retirement, since Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.44421 of 2025their service was regularized only after 01.04.2003, viz., after the cut-off date fixed by new pensionary scheme for purpose of getting pension. However, their juniors, whose service were regularized before 01.04.2003 are getting pensionary benefits. The respondents did not follow the seniority list in the matters of regularization of service to the employees engaged on daily wage basis. Till 1994, the only qualification for appointment of Plot Watcher is ability to read and write. However, as per G.O.Ms.No.332 Environment and Forest Department dated 22.12.1994, SSLC was prescribed as minimum general educational qualification for bringing into regular time scale of pay from employees like Plot Watcher on daily wage basis. Therefore, so many of them could not be considered for appointment of Forest Watcher, since he did not possess SSLC as a qualification. So many persons approached the Tamil Nadu Administrative Tribunal and obtained an interim order. However, in the meanwhile, so many juniors were brought in regular time scale in the post of Forest Watcher, in the year 1995. In order to wriggle out of the said situation G.O.Ms.No.64 Environment and Forest Department dated 08.03.1999 came to be passed, whereby G.O.Ms.No.332 Environment and Forest Department dated 22.12.1994 was superseded and revoked. Therefore, the prescription of SSLC qualification for appointment of Forest Watcher promoted from Plot Watcher and Social Forestry workers engaged on daily wage basis, is no longer in Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.44421 of 2025existence.4. Therefore, the petitioners submitted a detailed representation. Pursuant to G.O.Ms.No.95, Environment and Forest Department dated 07.08.2009, the petitioners were brought under regular time scale of pay in the non-cadre post of Plot Watcher (supernumerary) from 07.08.2009. Thereafter, the petitioners retired from service, due to their attainment of age of superannuation. Since his service was regularized only after 01.04.2003, he was not granted any pension.5. In similar issues, the Hon'ble Supreme Court of India in the case of Prem Singh Vs State of Uttar Pradesh and others in C.A.No.6798 of 2019 dated 02.09.2019, held as follows:-“ 35. There are some of the employees who have not been regularized in spite of having rendered theservices for 30-40 or more years whereas they have been superannuated. As they have worked in the work-charged establishment, not against any particular project, their services ought to have been regularized under the Government instructions and even as per the decision of this Court in Secretary, State of Karnataka & Ors. v. Uma Devi 2006 (4) SCC 1. This Court in the said decision has laid down that in case services have been rendered for more than ten years without the cover of the Court's order, as one time measure, the services be regularized of such employees. In the facts of the case, those employees who have worked for ten years or more should have been regularized. It would not be proper to regulate them for consideration of regularisation as others have been regularised, we direct that their services be treated as a regular one. However, it is made clear that they shall not be entitled to claiming any dues of difference in wages had they been continued in service regularly before attaining the age of superannuation. They shall be Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.44421 of 2025entitled to receive the pension as if they have retired from the regular establishment and the services rendered by them right from the day they entered the work-charged establishment shall be counted as qualifying service for purpose of pension.”6. Thus, it is clear that the petitioners are also entitled to be regularized in their service from the date on which they completes ten years of service as Plot Watcher for the purpose of getting pension. Therefore, the petitioners made representation.7. In view of the above, the impugned order cannot be sustained and is liable to be quashed. Accordingly, the Government Letter in Ref.No.HOTNFD/LL1/12716/2025 dated 28.10.2025, is hereby quashed. The respondents are directed to consider the representation of the petitioners and pass orders on merits and in accordance with law, in the light of the judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and the orders passed in W.P. No.21627 of 2021 dated 07.10.2021, W.P. (MD) No.15339 of 2024 dated 10.07.2024, W.P.No.18079 of 2019 dated 19.11.2024 and W.P.No.19605 of 2024 dated 15.07.2024, within a period of twelve weeks from the date of receipt of a copy of this order.Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.44421 of 20258. In the result, this writ petition stands allowed. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.18.11.2025(3/6)Internet: Yes Index : Yes/NoSpeaking/Non Speaking orderNeutral Citation : Yes/NoLppTo1. The Additional Chief Secretary to Government, The 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 and Head of Forests Force, Velacherry Main Road, Guindy, Chennai, Tamil Nadu State-600 032.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.44421 of 2025G.K.ILANTHIRAIYAN. J,LppW.P.No.44421 of 202518.11.2025Page 8 of 8