The Government Of Tamil Nadu, v. I.Alagarasan,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.A.NO.2072 OF 2018 AND C.M.P. NO.16338 OF 2018 1.The Government of Tamil Nadu Rep. by its Secretary, Environment & Forest Department Fort St. George Chennai - 9 2.The Principal Chief Conservator of Forests of Tamil Nadu Panagal Building, Saidapet Chennai - 600 015 3.The District Forest Officer Namakkal District Namakkal .. Appellants Vs.
1.Alagarasan 2.S.Ponnusamy 3.P.Mani 4.R.Ponnusamy 5.S.Yuveneswaran ... Respondents Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 12.09.2014 made in W.P.No.23647/2013 on the file of this Court.
Prayer in W.P.No.23647/2013:- Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, to direct the respondents to appoint the petitioners in the cadre post of Forest Watcher by giving relaxation with respect to height or age if any or in the alternative consider the petitioners for appointing them in the cadre post of Mali Record Clerk or Office Assistant on the basis of their representation dated 10.04.2013 within a time limit .
For Appellants : Mr.R.Neelakandan State Government Counsel For Respondents : Mr.S.Mani
JUDGMENT
[delivered by PUSHPA SATHYANARAYANA, J.] This intra-court appeal is preferred by the Government against the order passed in W.P. No.23647 of 2013 seeking issuance of mandamus directing the appellants to appoint the petitioner in the cadre post of Forest Watcher by giving relaxation with respect to height by extending the benefit of G.O.(2D) Ms. No.56, Environment and Forest Department dated 06.09.2006.
2. In a similar batch of writ appeals, this Court, by Judgment dated 20.01.2015 in W.A.No.1703 of 2014, had passed the following order:
"There is no dispute that to be a Forest Watcher, one should possess physical requirement of height of 163 cms. and 79 cms. of chest with 5 cms. Expansion. It appears that in the case of the writ petitioner/respondent herein, there is no deficiency in chest measurement. However, there is some deficiency in his height. The appellants have failed to establish as to how the deficiency in his height would substantially affect his performance, especially, when he has been working as Plot Watcher for the last 25 years. The appellants had, indisputably, granted the benefit to other employees. Thus, in the light of the same, we are of the considered view that the order passed by the Writ Court, which is sought to be impugned in the instant appeal, does not warrant interference in the facts of the case. However, we make it clear that the question of law involved in the case on hand is left open to be decided in the appropriate case."
3. The said decision was based on the decision of the Hon'ble Supreme Court in Ghan Sham Sunder and Others vs. State of Punjab and Others, reported in (2004) 9 SCC 508. Admittedly, these writ petitioners were engaged by the department from the year 1985 and they were also regularised on 07.08.2009.
4. Considering the length of service rendered by them they should also be appropriately considered for relaxing the height required for the said post. Accordingly, the benefit of the Judgment in W.A.No.1703 of 2014 is extended to the respondents herein also. In view of the same, the writ appeal preferred by the Government is dismissed. No costs.
s/d Assistant Registrar(CS IV) True Copy Sub-Assistant Registrar Asr To 1.The Secretary, Government of Tamil Nadu Environment & Forest Department Fort St. George Chennai - 9 2.The Principal Chief Conservator of Forests of Tamil Nadu Panagal Building, Saidapet Chennai - 600 015 3.The District Forest Officer Namakkal District Namakkal +1cc to M/S.S.Mani, Advocate, SR.No.39809 +1cc to Special Government Pleader, SR.No.39996 W.A.No.2072 of 2018 and C.M.P.No.16338 of 2018 KV(CO) PM(09/09/2021)