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Madras High CourtWP/6964/2024disposed of

P.Gengasalam v. Government Of Tamilnadu

2024-03-15Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.7760 of 2024 1.P.Gengasalam 2.A.Subramanian

...Petitioners

-Vs1.Government of Tamil Nadu Rep. By its Additional Chief Secretary Environment and Forest Department, Fort St.George, Chennai-600 009.

2.The Principal Chief Conservator of Forests, (Head of Forest Force), Velachery Main Road, Guindy, Chennai-600 032.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to regularize the service of petitioners in the cadre of Forest Watcher for the purpose of getting minimum pension 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 Hon'ble High Court in W.P.No.23647 of 2013 dated 12.09.2014, same was affirmed by Division Bench in W.A.No.2072 of 2018 dated 11.08.2021 and implementation order passed by the 1st respondent in G.O.(2D) No.09,

Environment, Climate Change and Forests (FR.2(ii) Department dated 08.02.2022 in respect of I.Alagarasan and 4 others and same was followed in W.P.No.21349 & etc batch., of 2023 dated 03.08.2023 and W.P.No.1071 of 2024 dated 23.01.2024 by the first respondent within a time limit. For Petitioners : Mr.S.Mani For Respondents : Dr.T.Seenivasan Special Government Pleader

ORDER

This Writ Petition has been filed for a direction directing the first respondent to regularize the service of petitioners in the cadre of Forest Watcher for the purpose of getting minimum pension 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 Hon'ble High Court in W.P.No.23647 of 2013 dated 12.09.2014, same was affirmed by Division Bench in W.A.No.2072 of 2018 dated 11.08.2021 and implementation order passed by the 1st respondent in G.O.(2D) No.09, Environment, Climate Change and Forests (FR.2(ii) Department dated 08.02.2022 in respect of I.Alagarasan and 4 others and same was followed in W.P.No.21349 & etc batch., of 2023 dated 03.08.2023 and W.P.No.1071 of 2024 dated 23.01.2024 by the first respondent within a time limit.

2. Heard the learned counsel appearing on either side and perused the

materials available on record.

3. The petitioners were appointed as Social Forest Worker on daily wage basis in the Forest Department. Thereafter, the Government had drawn the State Wide Seniority list for conferment of permanent status as Forest Watcher. The petitioners were included in the Statewide seniority after 40 years of thier service. 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 Plot Watcher on 31.08.2009 with effect from 07.08.2009 that too in a non cadre post and after giving relaxation, they were brought into regular cadre post as Forest Watcher, on 07.08.2009. The post to 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 representation seeking to consider in 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 petitioner to get all the consequential benefits.

4. 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 is 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 watchers are frontline soldiers in forest and they are main protectors of the forest. These facts cannot be disputed by any one.

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 respondents are directed to consider the representation submitted by petitioners dated 06.11.2023 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.

7. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

15.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp G.K.ILANTHIRAIYAN. J, Lpp

To 1.The Additional Chief Secretary, Government of Tamil Nadu Environment and Forest Department, Fort St.George, Chennai-600 009.

2.The Principal Chief Conservator of Forests, (Head of Forest Force), Velachery Main Road, Guindy, Chennai-600 032.

15.03.2024