High Court · 1981

1/6WP No. 46057 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 26-11-2025CORAMTHE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYANWP No. 46057 of 2025andWMP No.51377 of 2025V.SelvamaniPetitioner(s)Vs1. The State of TamilnaduRep. By its Addl. Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George, Chennai 09.2.The Principal Chief Conservator of Forestand Head of Forest Force,Forest Head Quarters, Velachery Main Road, Guindy Chennai 32.Respondent(s)Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in Letter 2350/ FR2(II) / 2017-4 dated 16.08.2017 of the 1st respondent and quash the same in so far as to allow monetary benefits from the date of issue this letter and consequently directing the respondents to pay monetary benefits from 03.01.2009 till the date of retirement as per Rule 27 (17) of the Tamil Nadu Fundamental rules.For Petitioner(s):Ms.K.JenithaFor Respondent(s): Dr.T.Seenivasan Spl.G.P. https://www.mhc.tn.gov.in/judis 2/6WP No. 46057 of 2025ORDERThis writ petition has been filed challenging the order passed by the first respondent dated 16.08.2017, thereby rejected the request made by the petitioner seeking monetary benefits from the date of his joining as Forest Watcher. 2.The petitioner had been employed in the forest department as Plot Watcher/Forest Guard. Prior to regularization of his service, he was engaged on daily wage basis. Thereafter, he was brought into regular time scale of pay of Forest Watcher, which is a cadre post. Therefore, he approached this Court and as directed by this Court their services were regularized as Forest Watcher.3.The specific case of the petitioner is that he had joined in the forest department on daily wages. The petitioner and his juniors were included in the State wide seniority list drawn by the department by taking note of their date of joining in service on daily basis for bringing them into regular scale of pay of Forest Watcher. However, the seniority list was not maintained properly and the services of their juniors have been regularized on 24.01.1995. Therefore, the petitioner and others submitted representation and it was not considered as such, they were constrained to approach this Court in W.P.No.3890 of 2014, and the same was allowed by this Court by an order dated 13.02.2014 and directed to regularize their services on par with juniors. https://www.mhc.tn.gov.in/judis 3/6WP No. 46057 of 20254.As directed by this Court, the government issued order vide Letter 2350/ FR2(II) / 2017-4 dated 16.08.2017, thereby regularized the petitioner and others services notionally from 24.01.1995 however granted monetary benefits from the date of issue of the order. It is contrary to the fundamental rules and they are entitled to get monetary benefits with effect from the date of joining as Forest Watcher as per F.R. 27(17) of the Tamil Nadu Fundamental Rules. It is relevant to extract the F.R. 27(17) of the Tamil Nadu Fundamental Rules, as follows:-"In case, where a government servant has been overlooked for promotion/appointment to the next higher post but subsequently promoted/appointed to that higher post after restoration of his original seniority on appeal, his pay shall be fixed on the date of assumption of charge in the higher post on par with the pay of his junior provided he has not drawn the same rate of pay as junior in the lower post from time to time. If he has not drawn the same rate of pay as his junior in the lower post, his pay shall be fixed, on the date assumption of charge, at the stage at which he would have drawn pay on that date had he been promoted/appointed to the higher post along with his junior. In cases where seniority has been restored on or after 19th September 1981, arrears of pay and allowance consequent of pay shall be admissible with effect from the date of assumption of charge in the higher post in cases where seniority has been restored prior to 19th September 1981 arrears shall be admissible only with effect from the above date." https://www.mhc.tn.gov.in/judis 4/6WP No. 46057 of 20255.The learned Government Advocate appearing for the respondents submitted that the Rule 27(17) of the Tamil Nadu Fundamental Rules, is not applicable to the case of the petitioner. The petitioner is not entitled for monetary benefits from the date of their notional regularization in the cadre of Forest Watcher. The petitioner’s date of regularization will be counted for the purpose of pension and other benefits only. Admittedly, the petitioner had not been discharging their duty as Forest Watcher from the date on which they notionally regularized as Forest Watcher. Only from the date of their joining as Forest Watcher, they discharged their duty as Forest Watcher. Therefore, F.R.27(17) cannot be pressed into service in this case. 6.Heard, the learned counsel appearing on either side and perused the materials placed before this Court.7.On perusal of records revealed that the petitioner is seeking monetary benefits only from the date of their joining as Forest Watcher, as per F.R.27(17) of the Tamil Nadu Fundamental Rules and G.O(2D).No.124, Environment, Climate Change and Forests (F.R2(ii)) Department dated 17.08.2022. In fact, the seniority has already been fixed and the petitioner's services were duly regularized on par with their juniors. Therefore, he is entitled for monetary benefits from the date of his joining as Forest Watcher. https://www.mhc.tn.gov.in/judis 5/6WP No. 46057 of 20258.In view of the above, the impugned order cannot be sustained and it is liable to be quashed. Accordingly, the order dated 16.08.2017 passed by the first respondent in Letter 2350/ FR2(II) / 2017-4, is hereby quashed. The petitioner is entitled for monetary benefits only from the date of their joining as Forest Watcher. The respondents are directed to pay monetary benefits to the petitioner from the date of his joining as Forest Watcher viz., from 03.01.2009, till the date of retirement within a period of twelve weeks from the date of receipt of a copy of this Order. 9.With the above directions, the Writ Petition stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 26-11-2025(1/4)Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Nosli https://www.mhc.tn.gov.in/judis 6/6WP No. 46057 of 2025G.K.ILANTHIRAIYAN, J.sliTo1. The State of TamilnaduRep. By its Addl. Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George, Chennai 09.2.The Principal Chief Conservator of Forestand Head of Forest Force,Forest Head Quarters, Velachery Main Road, Guindy, Chennai 32.WP No. 46057 of 2025 26-11-2025(1/4)