High Court · 2025

1/6WP No. 46115 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 26-11-2025CORAMTHE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYANWP No. 46115 of 2025andWMP No.51420 of 2025K.VenkatesanPetitioner(s)Vs1. The State of TamilnaduRep., By its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St. George, Chennai, Tamil Nadu 600 009.2.The Principal Chief Conservator of Forest andHead of Forests Force, Velachery Main Road, Guindy, Chennai, Tamil Nadu 600 032Respondent(s)Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the entire records which culminated in issuing in GO (2D) No. 101 Environment, Climate Change and Forest (FR.2ii) Department dated 08.05.2023 on the file of the 1st respondent and quash the same with consequential direction to regularize the service of the petitioner in the cadre of Forest Watcher on par with junior on 24.1.1995 in the light of the order passed by this court in WP No. 15561 of 2006 dated 10.03.2008, W.A. No. 690 of 2008 dated 13.10.2009, W.P. No.23374 of 2008 dated 30.10.2009, W.A. No.607 of 2010 dated 29.03.2010 and proceedings of the 2nd respondent in REf. No. LL1/ 61824/ 2008 dated 07.01.2011 and order in W.P. No.19020 of 2021 dated 09.09.2021 and extent the benefit of the order passed by the 1st respondent in G.O. (2D) No.124 Environment, climate https://www.mhc.tn.gov.in/judis 2/6WP No. 46115 of 2025Change and Forests (FR.2 (ii) Department Dated 17.08.2022 and order in W.P. No.1884/ 2024 dated 31.01.2024 with all consequential benefits within time frame as fixed by this court.For Petitioner(s):Mr.Kanna Patel IFor Respondent(s):Mr.C.Selvaraj AGP ORDERThis writ petition has been filed calling for the entire records which culminated in issuing in GO (2D) No. 101 Environment, Climate Change and Forest (FR.2ii) Department dated 08.05.2023, on the file of the 1st respondent and quash the same with consequential direction to regularize the service of the petitioner in the cadre of Forest Watcher on par with junior on 24.1.1995 in the light of the order passed by this court in WP No. 15561 of 2006 dated 10.03.2008, W.A. No. 690 of 2008 dated 13.10.2009, W.P. No.23374 of 2008 dated 30.10.2009, W.A. No.607 of 2010 dated 29.03.2010 and proceedings of the 2nd respondent in REf. No. LL1/ 61824/ 2008 dated 07.01.2011 and order in W.P. No.19020 of 2021 dated 09.09.2021 and extent the benefit of the order passed by the 1st respondent in G.O. (2D) No.124 Environment, climate Change and Forests (FR.2 (ii) Department Dated 17.08.2022 and order in W.P. No.1884/ 2024 dated 31.01.2024 with all consequential benefits within time frame as fixed by this court.2. Heard the learned counsel on either side and perused the materials available on record. https://www.mhc.tn.gov.in/judis 3/6WP No. 46115 of 20253. The case of the petitioner is that the petitioner had joined the service of the Forest Department on 11.05.1983 on daily wage basis. The name of the petitioner and his juniors were included in the State wide Seniority list drawn by the Department, by taking note of the date of joining the service on daily wage basis for bringing them into regular time scale of pay as Forest Watcher. However, without following the said seniority list in its letter and spirit, the service of many persons who are juniors to the petitioner have been regularized and they were given time scale of pay in the cadre post of Forest Watcher. His juniors were regularized from the daily wage basis to Forest Watcher on 24.01.1995, whereas even though the petitioner is senior to them, his service was regularized only on 10.11.2008. The service of the petitioner was regularized after a period of more than three decades of service. Though the petitioner is qualified with SSLC and was given regular time of appointment as Forest Watcher in the year 1994, the petitioner could not join the regular post of Forest Watcher, in view of the interim order granted by the Tamil Nadu Administrative Tribunal. In order to wriggle out of the situation, the Government passed an order in G.O.Ms.No.64, Environment and Forest Department dated 08.03.1999, whereby G.O.Ms.No.332, Environment and Forest Department dated 22.12.1994 was superseded or revoked. Therefore, the qualification of SSLC for appointment to the post of Plot Watcher is no longer in existence. https://www.mhc.tn.gov.in/judis 4/6WP No. 46115 of 20254. Similarly placed persons like the petitioner filed writ petitions in W.P.Nos.15561 of 2006 and 23374 of 2008 before this Court and the writ petitions were disposed of with a direction to consider their claim for appointment as Forest Watcher on par with their juniors. Aggrieved over the said order, the respondents filed writ appeals in W.A.Nos.690 of 2008 and 607 of 2010 and both the appeals were dismissed. In view of the above said orders, the petitioner also filed representation.5. In view of the above, the impugned order cannot be sustained and is liable to be quashed. Accordingly, GO (2D) No. 101 Environment, Climate Change and Forest (FR.2ii) Department dated 08.05.2023, is hereby quashed. The respondents are directed to consider the case of the petitioner seeking regularization of his service as Forest Watcher from 24.01.1995 notionally for the purpose of getting pension by taking into account their seniority and qualification and pass orders on merits and in accordance with law, in the light of the orders passed in W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009, W.P.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 29.03.2010 and proceedings of the second respondent in Ref. No. LL1/ 61824/ 2008 dated 07.01.2011 and order in W.P. No.19020 of 2021 dated 09.09.2021 and extent the benefit of the order passed by the 1st respondent in G.O.(2D) No.124 Environment, climate Change and Forests (FR.2 (ii) Department Dated 17.08.2022 and order in W.P. No.1884/2024 dated https://www.mhc.tn.gov.in/judis 5/6WP No. 46115 of 202531.01.2024 within a period of twelve weeks from the date of receipt of a copy of this order.6. Accordingly, this writ petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.Index:Yes/No26-11-2025Speaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NosliTo1. The State of TamilnaduRep., By its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St. George, Chennai, Tamil Nadu 600 009.2.The Principal Chief Conservator of Forest andHead of Forests Force, Velachery Main Road, Guindy, Chennai, Tamil Nadu 600 032 https://www.mhc.tn.gov.in/judis 6/6WP No. 46115 of 2025G.K.ILANTHIRAIYAN, J.sliWP No. 46115 of 2025 26-11-2025