R.Chakravarthi v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2015
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No. 7291 of 2015 and M.P.No.1 of 2015 1.R.Chakravarthi 2.K.Selvaraj 3.M.Ganesan 4.A.Rajangam 5.P.Chinnasamy 6.M.Fakkir Mohamed 7.Alamelu 8.G.Ariyan 9.A.Pitchamuthu 10.A.Poomalai 11.G.Chakravarthi 12.P.Periyasamy 13.V.Rajamanickam ... Petitioners .Vs.
1. The Government of Tamil Nadu, Rep. by its Secretary, Environment and Forests Department, Secretariat, Chennai-600009.
2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet,Chennai-600015.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to appoint the petitioners as regular Time Scale Forest Watchers taking into account of their seniority and qualification, on par with their juniors in the light of the orders passed in W.P.No.15561/2006 dated 10.03.2008, W.A.No.690/2008 dated 13.10.2009, W.P.No.23374/2008 dated 30.10.2009, W.A.No.607/2010 dated 29.03.2010 and proceedings of the 2nd Respondent dated 07.01.2011 and confer all consequential benefits.
For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.N.Inbanathan Government Advocate
O R D E R
By consent this Writ Petition is taken up for final disposal.
2. The Writ Petitioners were appointed as Social Forestry Workers/Plot Watchers during the years 1978 to 1986 and from the date of appointment, they have been continuously engaged by the respondents on daily rated basis. The qualification of some of the petitioners are that they have passed the S.S.L.C. Examination.
3. It is the grievance of the petitioners that number of juniors were appointed as Forest Watchers and they were also subsequently promoted as Forest Guard, while the petitioners remain as daily wagers. The petitioners have also stated their Seniority Numbers as follows :
Sl.N Appointme nt Date on which brought into cadre post of Forest Watcher and or promoted as Forest Guard Seniori ty No.
in State Wide List Drawn during in State Wide List drawn during R.Chakravart hi 01.06.198 07.03.2007(FW) K.Selvaraj 01.07.198 12.03.2014(FW) -- M.Ganesan 01.06.198 21.03.2003(FW) A.Rajangam 01.11.198 07.08.2009 (SNPW)
Sl.N Appointme nt Date on which brought into cadre post of Forest Watcher and or promoted as Forest Guard Seniori ty No.
in State Wide List Drawn during in State Wide List drawn during P.Chinnasamy 01.12.198 07.05.2003(FW) M.Fakir Mohamed 01.02.198 27.08.2003(FW) Alamelu 01.12.198 29.07.2004(FW) G.Ariyan 01.03.198 05.03.2003(FW) A.Pitchamuth u 01.03.197 01.01.2000(FW) A.Poomalai 01.01.198 29.09.2004(FW) -- 1131B G.Chakravart hi 21.10.197 07.03.2003(M) P.Periyasamy 01.07.198 11.12.2003(FW) -- V.Rajamanick am 01.05.198 07.10.2008(FW) -- However, the respondents have appointed juniors of the petitioners numbering 9 as Forest Watchers in the regular timescale on the basis of the educational qualification . Whereas, the petitioners are still languishing for the same. The list of 9 Forest Watchers is as follows:
Sl .N Appointment Date on Regular Appointment Unit at the time of selectio n as Forest Watcher S.Kandasamy 01.01.1981 20.01.1995 I.F.F.
Salem A.Sethuraman 01.02.1982 23.01.1995 S.F.
Madurai R.Kothandaraman 01.12.1984 02.02.1995 S.F.
Villupur am A.Selvaraj 22.12.1982 28.01.1995 S.F.
Madurai G.Venkatesan 17.02.1983 24.01.1995 I.F.F.
Salem R.Narasimhan 15.08.1983 24.01.1995 S.F.
Trichy A.Antonysamy 16.09.1983 09.02.1995 S.F.
Tanjore C.Sundarraj 16.01.1984 24.01.1995 I.F.F.
Salem K.Nagarajan 01.07.1984 27.01.1995 I.F.F.
Salem In these circumstances, the petitioners have come forward with this Writ Petition seeking direction to the respondents to appoint them as regular time scale Forest Watchers taking into account their seniority and qualification on par with their juniors.
4.
It is also stated that the petitioners made representation to the respondents on 04.09.2014, wherein the petitioners have explained that in a similar circumstance in P.Sundaram Vs. The Government of Tamil Nadu rep. by the
Secretary to Government, Environment and Forest Department, Fort St. George, Madras-9 and others in W.P.No.15561/2006, this Court by order dated 10.3.2008 has allowed the said Writ Petition taking into account that the junior of the petitioner therein who was below in the seniority list got promoted and a direction was issued that the petitioner therein must be promoted above the said junior who was promoted after the appointment of the petitioner therein. Quoting the said order of this Court , the representations have been proceeded. The petitioners have also referred to several other orders passed by this Court in 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 W.P.Nos.22776 to 22787 of 2014 dated 22.08.2014. 5.
The learned counsel appearing for the respondents 1 and 2 has brought to the notice of this Court that the Government has issued G.O.Ms.No.95, Environment and Forests (FR.II) Department, dated 7.8.2009 in which the Government has passed orders granting time scale of pay to those persons who have been working as Forest Workers/Plot Watchers.
6.
On a perusal of the said G.O., it is clear that the Government has taken a stand that the persons who have been working as Forest Workers for more than ten years should be granted time scale of pay and such grant is from the date of the order issued by the Government, namely, 7.8.2009 and the Government Order does not contain any clause for dealing with persons like the petitioners who have been holding the post as Forest Watchers in these years. Subsequent to the said G.O., the petitioners were not able to be further promoted. In such circumstances, I am of the considered view that the respondents 1 and 2 should be directed not only to take action as per G.O.Ms.No.95, Environment and Forests (FR-2) Department, dated 7.8.2009 for the purpose of granting regular time scale to the petitioners, but also to take note of the fact that many of the juniors of the petitioners who were subsequently appointed have been granted the regular scale and pass suitable orders. 7.
In such view of the matter, the respondents 1 and 2 are directed to consider the representation of the petitioners dated 04.09.2014 for the purpose of granting regularisation of the service of the petitioners not only on the basis of G.O.Ms.No.95, Environment and Forests (FR-2) Department, dated 7.8.2009, but also taking note of the appointment of the subsequent juniors who have got further promotions and pass orders on merits and in accordance with law, as expeditiously as
possible, in any event, within a period of twelve weeks from the date of receipt of a copy of this Order.
This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar arr To
1. The Government of Tamil Nadu, Rep. by its Secretary, Environment and Forests Department, Secretariat, Chennai-600009.
2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet,Chennai-600015.
+1cc to Mr.S.Saravana Kumar, Advocate, S.R.No.65541 +1cc to the Government Pleader, S.R.No.65568 W.P.No.7291 of 2015 VS(CO) CA(16/12/2015)