C.Duraisamy v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.Nos.19406 & 19411 of 2023, 30267 of 2022 and 9835 & 19135 of 2021 W.P.No.19406 of 2023 1.C.Duraisamy 2.S.Periyasamy 3.G.Kantha .. Petitioners
Versus
1.State of Tamil Nadu Rep by its Principal Secretary to Government Environment, Forest and Climate Change Department Fort St.George Chennai - 600 009 2.The Principal Chief Conservator of Forests Head of Forest Force No.1, Genies Road Panagal Maligai Saidapet, Chennai - 15 3.The Divisional Forest Officer Krishnagiri Social Forestry & Extension Division Krishnagiri, Krishnagiri District 1/10
4. The Divisional Forest Officer Social Forestry and Extension Division Dharmapuri - 5, Dharmapuri District 5.The Accountant General of Tamil Nadu Office of the Accountant General Anna Salai, Teynampet Chennai - 18 .. Respondents Prayer in W.P.No.19411 of 2023 :- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus, directing respondents to regularise the service of the 1st and 2nd petitioners and 3rd petitioner's husband viz., R.Govindaraj from the date on which completing ten years of service as plot watchers on daily wage basis for the purpose of getting pension/family pension in the light of the Hon'ble Supreme Court Judgment reported in (2019) 10 SCC 516 confer all consequential pensionary benefits from the date of their retirement by sending the proposal to the fifth respondent for granting pension/family pension with all consequential benefits.
For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.S.Arumugham for R1 - R4 Government Advocate Mr.V.Vijaya Shankar for R5 COMMON ORDER These Writ Petitions have been filed seeking to direct the respondents to regularise the service of the petitioners/respective petitioner's husband from the date on which of completing ten years of service as plot watchers on daily wage basis for the purpose of getting 2/10
pension/Family Pension in the light of the Hon'ble Supreme Court Judgment reported in (2019) 10 SCC 516 and confer all consequential pensionary benefits from the date of their retirement by sending the proposals to the respective fifth/sixth respondent for granting pension with all consequential benefits.
2. The facts in all the Writ Petitions are almost identical, barring the dates and therefore, the facts as spoken in W.P.No.19406 of 2023 is taken up for dealing the facts.
3.a. The first petitioner was appointed as a Plot Watcher and subsequently his service was brought into regular time scale of pay as plot watcher [supernumerary post] and thereafter, he was appointed as Night Watchman and retired from service on 31.05.2020. b. The second petitioner was appointed as a Plot Watcher and subsequently his service was brought into regular time scale of pay as plot watcher [supernumerary post] and retired from service on 31.06.2019.
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c. The third petitioner's husband was appointed as a Plot Watcher and subsequently his service was brought into regular time scale of pay as plot watcher [supernumerary post] and died on 23.02.2019, while he was in service.
4. The petitioners 1 and 2 and the husband of the third petitioner have worked in the forest department for more than 20 years on daily wages. As their services have been regularised after 01.04.2003, they did not get the pensionary benefits after retirement. But services of the juniors to the petitioners 1 and 2 and husband of the third petitioner have been regularised their service before 01.04.2003 are getting pensionary benefits. According to the petitioners, similarly placed persons have already filed a Writ Petition in W.P.No.19023 of 2021 and the same was allowed and the Government also issued Government Order in G.O.[2D] No.91 Forest Department dated 30.06.2022. Hence, this writ petition is filed seeking pensionary benefits as granted to the similarly situated persons.
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5. The learned Government Advocate placed reliance on the Order of the Division bench of this Court in W.A.No.158 of 2016 and batch cases and submitted that in the above Writ Appeal, the Division Bench of this Court has held that the Government servants who were appointed in non-provincialized service, consolidate pay, honorarium or daily wages basis before 01.04.2003, but were absorbed in regular service after 01.0.2003, will not be entitled to count half of their past service for the purpose of determination of qualifying service for pension. Further, Special Leave Petitions filed by certain petitioners against the said Order has also been dismissed. Hence, opposed the writ petition.
6. Admittedly, the grievance of the writ petitioners are seeking regularization of service of petitioners 1 and 2 and husband of the third petitioner for pensionary benefits. It is the contention of the writ petitioners that similarly situated persons have been given such benefits as per Government Orders of this Court in W.P.No.19023 of 2021 and the same was accepted by the Government and issued Government Order in G.O.Ms.No.91, Forest Department dated 30.06.2022. Hence, the 5/10
respondents ought to have considered the claim of the petitioners 1 & 2 and the third petitioner's husband to regularize their service after completion of ten years from the date of initial appointment as a Plot Watcher on daily wage basis for the purpose of getting pension and family pension in the light of the judgment of the Apex Court in C.A.No.6798 of 2019 dated 02.09.2019 and Order in W.P.No.19023 of 2021 dated 09.09.2021. As per the above Orders, the relief has been extended to similarly placed persons.
7. In such view of the matter, the respondents are directed to consider the case of the petitioners in the light of the judgment of the Apex Court and Orders of this Court and as per the above Government Order, 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. Hence, while passing the Orders, the Government shall take into consideration the nature of service rendered by the petitioners and also the fact that when similarly placed persons have already been granted the 6/10
relief, if the petitioners 1 and 2 and the husband of the third petitioner 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 Order as it is extended to similarly situated persons.
8. As far as the Writ Petitions in W.P.Nos.9835 & 19135 of 2021 and W.P.No. 19411 of 2023 are concerned, the respondents are directed to extend the benefits to the petitioners and insofar as Writ Petitions in W.P.Nos.30267 of 2022 and 19406 of 2023 are concerned, the respondents are directed to regularize the services of the first petitioner and husband of the petitioners 2 to 4; petitioners 1 & 2 and husband of the third petitioner respectively as Plot Watchers as per the above Government Order as it is extended to similarly situated persons. Such an exercise shall be completed within a period of six months from the date of receipt of a copy of this Order.
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9. With the above directions, these writ petitions stands disposed of. 07.08.2023 Index:Yes/No Internet: Yes/No dhk To, 1.The Principal Secretary to Government State of Tamil Nadu Environment, Forest and Climate Change Department Fort St.George, Chennai - 600 009 2.The Principal Chief Conservator of Forests Head of Forest Force No.1, Genies Road Panagal Maligai Saidapet, Chennai - 15 3.The District Forest Officer Dharmapuri Forest Division Dharmapuri - 5, Dharmapuri District 4.The District Forest Officer Hosur Forest Division Hosur, Krishnagiri District 8/10
5. The Divisional Forest Officer Social Forestry and Extension Division Dharmapuri - 5, Dharmapuri District 6.The District Forest Officer Vellore Forest Division Vellore, Vellore District
7. The Accountant General of Tamil Nadu Office of the Accountant General Anna Salai, Teynampet Chennai - 18
8. The Divisional Forest Officer Krishnagiri Social Forestry & Extension Division Krishnagiri, Krishnagiri District 9/10
N.SATHISH KUMAR, J.
dhk WP.Nos.19406 & 19411 of 2023, 30267 of 2022 and 9835 & 19135 of 2021 07.08.2023 (1⁄2) 10/10