High Court · 2025

W.P.No.46845 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.11.2025CJORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.46845 of 2025 andWMP.no.52297 of 2025M.Kannan...Petitioner -Vs-1.THE STATE OF TAMIL NADU, REP., BY ITS ADDL. CHIEF SECRETARY TO GOVERNMENT,ENVIRONMENT, CLIMATE CHANGE AND FOREST DEPARTMENT, FORT.ST.GEORGE,CHENNAI-9.2.THE PRINCIPAL CHIEF CONSERVATOR OF FOREST,(HEAD OF FOREST FORCE)FOREST HEAD QUARTERS,VELACHERY MAIN ROAD,GUINDY, CHENNAI-32. ... RespondentsPrayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in G.O.(Ms)No.01, Environment and Forests (FR.2II) Department, dated 01.01.2021 of the 1st respondent and quash the same in so far as regularization of the petitioner’s service with effect from Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.46845 of 202524.01.1995 instead of 08.03.1999 and further direction directing the respondents to consider the notional regularization to him as Forest Watcher with effect from 24.01.1995 instead of 08.03.1999 for the purpose of getting revised pension on par with junior G. Venkatachalam same was done in similarly placed persons in G.O.(2D)No.177, Environment, Climate Change and Forests(FR.2II) Department, dated 14.11.2022 within time limit to be stipulated by this CourtFor Petitioner : M/s.K.Jenitha For Respondents : Mr.Ananda Kumar, Government Advocate ORDERThis writ petition has been filed to quash the order passed in G.O.(Ms)No.01, Environment and Forests (FR.2II) Department, dated 01.01.2021 of the 1st respondent in so far as regularization of the petitioner’s service with effect from 24.01.1995 instead of 08.03.1999 and further to direct the respondents to consider the notional regularization to him as Forest Watcher with effect from 24.01.1995 instead of 08.03.1999 for the purpose of getting revised pension on par with junior G. Venkatachalam same was done in similarly placed persons in G.O.(2D)No.177, Environment, Climate Change and Forests(FR.2II) Department, dated 14.11.2022 within time limit to be stipulated by this CourtPage 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.46845 of 20252.Heard, the learned counsel appearing on either side and perused all the materials placed before this Court.3.It is seen that a similarly placed person like the petitioner filed writ petition in W.P.No.19373 of 2024 before this Court and the writ petition was disposed of by order dated 11.07.2024. The directions issued by this Court was also implemented by the respondents. The relevant portion of the order is extracted hereunder:7. As rightly pointed out by the learned counsel for the petitioners, originally, the eligibility for the cadre post of Forest Watcher was only the ability to read and write in Tamil, along with a height of 163 cms. By way of the Government Order in G.O. (Ms) No. 332, Environment and Forests (FR. VI) Department, dated 22.12.1994, the minimum general education qualification, i.e., SSLC, was fixed for the post of Forest Watcher. After the filing of the application before the Tamil Nadu Administrative Tribunal, the Government itself cancelled the said Government Order and issued G.O. (Ms) No. 64, Environment and Forests (V2) Department, dated 08.03.1999, thereby cancelling G.O. Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.46845 of 2025(Ms) No. 332, Environment and Forests (FR. VI) Department, dated 22.12.1994, and G.O. Ms. No. 297, Environment & Forests (FR. 2) Department, dated 28.11.1994.8. On a perusal of the Tamil Nadu Forest Subordinate Services Rules for the category of Forest Watcher, the method of recruitment is by direct recruitment and appointment from Social Forestry Workers and Plot Watchers, with the qualification being the ability to read and write in Tamil, and physical requirements of not less than 79 cm round the chest on full expiration, a height of not less than 163 cm, and a chest expansion of not less than 5 cm on full inspiration. Accordingly, all the petitioners are qualified and eligible for the post of Forest Watchers.9. As per seniority, their juniors were posted to the post of Forest Watchers pursuant to G.O. (Ms) No. 332, Environment and Forests (FR. VI) Department, dated 22.12.1994. After cancelling the said Government Order, the petitioners are also entitled to be posted to the post of Forest Watchers on par with their juniors. That apart, as per G.O (2D) No. 177, Environment, Climate Change and Forests (FR.2ii) Department, dated 14.11.2022, similarly placed persons, viz., V. Subramani and 29 Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.46845 of 2025others, were given notional promotion to the post of Forest Watcher from 24.01.1995.10. In view of the above, the Government Orders in G.O.(2D) No.134, Environment, Climate Change and Forests (FR.2(ii)) Department, dated 16.06.2023 and G.O.(2D) No.01, Environment Forest (FR.2(II)) Department, dated 01.01.2021 are quashed, insofar as the regularization of the petitioners- service with effect from 24.01.1995 instead of 08.03.1999. The respondents are directed to notionally regularize the petitioners as Forest Watchers with effect from 24.01.1995, for the purpose of revised pension, on par with their juniors, as per Tamil Nadu Forest Subordinate Services Rule 5 Class11 (4)(ii), within a period of eight weeks from the date of receipt of a copy of this order.11. In the result, these Writ Petitions are allowed. Consequently, connected Miscellaneous Petitions are closed. No costs. 4. In view of the above, the impugned order cannot be sustained and is liable to be quashed. Accordingly, the impugned order dated 01.01.2021 is hereby quashed insofar as regularization of the petitioner’s service with effect from 24.01.1995 instead of 8.3.1999. The respondents are directed to consider the notional regularization to the petitioner as Forest Watcher with effect from 24.1.1995 instead of 8.03.1999 for the Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.46845 of 2025purpose of getting revised pension on par with junior G. Venkatachalam in the light of G.O.(2D)No. 177 Environment, Climate Change and Forest (FR.2.II) Department, dated 14.11.2022 and the order passed in W.P.No.19373 of 2024 dated 11.07.2024 and to pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.5. Accordingly, this writ petition is allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.28.11.2025(3/3)Neutral citation: Yes/NoIndex : Yes/NoSpeaking/Non Speaking orderlokPage 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.46845 of 2025To1.THE STATE OF TAMIL NADU, REP., BY ITS ADDL. CHIEF SECRETARY TO GOVERNMENT,ENVIRONMENT, CLIMATE CHANGE AND FOREST DEPARTMENT, FORT.ST.GEORGE,CHENNAI-9.2.THE PRINCIPAL CHIEF CONSERVATOR OF FOREST,(HEAD OF FOREST FORCE)FOREST HEAD QUARTERS,VELACHERY MAIN ROAD,GUINDY, CHENNAI-32.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.46845 of 2025G.K.ILANTHIRAIYAN. J,lokW.P.No.46845 of 202528.11.2025(3/3)Page 8 of 8