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Madras High CourtWP/8998/2024disposed of

P.Tamilarasi v. Government Of Tamil Nadu

2024-03-28Honourable Mr Justice G.K. Ilanthiraiyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.10023 of 2024 P.Tamilarasi

...Petitioner

-Vs -

1. The Government of Tamilnadu, Rep. by its Principal Secretary, Environment and Forest (FR-2) Department, Fort St. George, Chennai - 600 009.

2. The Principal Chief Conservator of Forests, Panagal Maligai, Jeenis Road, Saidapet, Chennai - 015.

Now at Velachery Main Road, Guindy, Chennai - 600 032.

3. The District Forest Officer, Villupuram.

4. The Accountant General of TamilNadu Teynampet, Chennai - 600 018.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records which culminated in issuing the Government letter in Letter No.21397/FR.2(II)/2016-4 dated 03.03.2017, on the file of the first respondent and quash the same insofar as denial of monetary benefits is

concerned and directing the first respondent to pay monetary benefits from date of joining as forest watcher from 25.06.2003 till 03.03.2017 as per Tamilnadu Fundamental Rule 27(17).

For Petitioner : Mr.S.Mani For Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.S.Rajesh Government Advocate

ORDER

This writ petition has been filed challenging the order passed by the first respondent dated 03.03.2017, thereby rejected the request made by the petitioner seeking monetary benefits from the date of her husband joining as Forest Watcher.

2.

The petitioner's husband and others had employed in the forest department as Plot Watcher/Forest Guard. Prior to regularization of their service, they were engaged on daily wage basis. Thereafter, they were brought into regular time scale of pay of Forest Watcher, which is a cadre post. Therefore, they approached this Court and as directed by this Court the petitioner's husband's service was regularized as Forest Watcher on 25.06.2003 and thereafter he died on 01.03.2023.

3.

The specific case of the petitioner is that her husband had joined in the forest department on 01.01.1981 on daily wages. The petitioner's husband 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's husband and others submitted representation and it was not considered as such, they were constrained to approach this Court in W.P.No.36 of 2016 and the same was allowed by this Court and directed to regularize their services on par with juniors. 4.

As directed by this Court, the government issued order in Letter No.21397/FR.2(II)/2016-4 dated 03.03.2017, thereby regularized the petitioner's husband 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."

5.

The learned Additional Advocate General 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's husband. The petitioner's husband is not entitled for monetary benefits from the date of his notional regularization in the cadre of Forest Watcher. The petitioner's husband's date of regularization will be counted for the purpose of pension calculation and other benefits only. Admittedly, the petitioner's husband had not been discharged his duty as Forest Watcher from the date on which he notionally regularized as Forest Watcher. Only from the date of his joining as Forest Watcher, he discharged his 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 her husband 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 husband service was duly regularized on par with his juniors. Therefore, he is entitled for monetary benefits from the date of his joining as Forest Watcher.

8.

In view of the above, the impugned order cannot be sustained and it is liable to be quashed. Accordingly, the Government Letter No.21397/FR.2(II)/2016-4 dated 03.03.2017, on the file of the first respondent, is hereby quashed. The petitioner is entitled for monetary benefits only from the date of her husband's joining as Forest Watcher. The respondents are directed to pay monetary benefits to the petitioner from the date of her husband's joining as Forest Watcher viz., from 25.06.2003 till 03.03.2017, 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.

28.03.2024 (4/4) Index : Yes/No Speaking/Non Speaking order rts To

1. The Principal Secretary, Government of Tamilnadu, Environment and Forest (FR-2) Department, Fort St. George, Chennai - 600 009.

2. The Principal Chief Conservator of Forests, Velachery Main Road, Guindy, Chennai - 600 032.

3. The District Forest Officer, Villupuram.

4. The Accountant General of TamilNadu Teynampet, Chennai - 600 018.

G.K.ILANTHIRAIYAN. J, rts and W.M.P.No.10023 of 2024 28.03.2024 (4/4)