S.Vijaya v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN S.Vijaya ... Petitioner Vs.
1. The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George, Chennai, Tamil Nadu State - 600 009.
2.The Principal Chief Conservator of Forest & Head of Forest Force, Velachery Main Road, Guindy, Chennai, Tamil Nadu State - 600 032.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to retrospectively appoint the petitioner's husband in the cadre post of Forest Watcher or Night Watchman by giving the benefit of relaxation of height rule with effect from the date of the petitioner's Husband Junior in SWSL.No.1512 namely R.Karuppanan served as Night Watchman 1/6
appointment notionally in the post of Forest Watcher on 24.01.1995 or 08.03.1999 by considering his representation dated 04.10.2024 in the light of the order passed in W.P.No.9708 of 2014 dated 12.09.2014, W.A.No.1703 of 2014 dated 20.01.2015, SLP(Civil)No.12056 of 2015 dated 05.07.2016 and G.O.(Ms).No.49, Environment and Forests (FR2-II) Department dated 01.09.2020 and also W.P.No.15847 of 2021, Cont.P.No.361 of 2022 complied in the G.O.(Ms).No.58, of the 1st respondent dated 20.04.2022 and Rule 27(17) of the Tamil Nadu Fundamental Rules with all consequential benefits.
For Petitioner : Mr.I.Kannapatel For Respondents : Mr.C.Selvaraj Additional Government Pleader *****
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus directing the respondents to retrospectively appoint the petitioner's husband in the cadre post of Forest Watcher or Night Watchman by giving the benefit of relaxation of height rule with effect from the date of the petitioner's Husband Junior in SWSL.No.1512 namely R.Karuppanan served as Night Watchman appointment notionally in the post of Forest Watcher on 24.01.1995 or 08.03.1999 by considering his representation dated 2/6
04.10.2024 in the light of the order passed in W.P.No.9708 of 2014 dated 12.09.2014, W.A.No.1703 of 2014 dated 20.01.2015, SLP(Civil)No.12056 of 2015 dated 05.07.2016 and G.O.(Ms).No.49, Environment and Forests (FR2II) Department dated 01.09.2020 and also W.P.No.15847 of 2021, Cont.P.No.361 of 2022 complied in the G.O.(Ms).No.58, of the 1st respondent dated 20.04.2022 and Rule 27(17) of the Tamil Nadu Fundamental Rules with all consequential benefits.
2. The learned counsel for the petitioner would submit that the petitioner's husband was joined as temporary service in the respondent department on 01.02.1981. Subsequently, the petitioner's husband died on 08.05.2021, while he was in service. In this connection, the petitioner has given a representation dated 04.10.2024 for regularization on par with his juniors, and such representation is yet to be considered by the respondents.
3. At this juncture, the learned Additional Government Pleader appearing for the respondents would fairly submit that they would consider the said representation of the petitioner within a reasonable time. 3/6
4. Heard the learned counsel for both sides and perused the materials available on record.
5. In view of the above submission, without going to the merits of this Writ Petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 04.10.2024, and pass orders on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6. In the result, this Writ Petition is disposed of with the above observations. No costs.
07.07.2025 Index : Yes/No Speaking order /Non Speaking Order jas 4/6
To
1. The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George, Chennai, Tamil Nadu State - 600 009.
2.The Principal Chief Conservator of Forest & Head of Forest Force, Velachery Main Road, Guindy, Chennai, Tamil Nadu State - 600 032.
5/6
C.KUMARAPPAN, J.
jas 07.07.2025 6/6