P.Sangapillai v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN 1.P.Sangapillai 2.D.Kumar 3.P.Kesavan 4.P.Balasubramanian 5.P.Kalia Perumal 6.M.Shanmugavel 7.R.Senthilkumar 8.R.Murugasan ... Petitioners Vs.
1.The Union of India, Rep., by its Secretary to Government, Environment, Forest and Climate Change Department, Indira Paryavaran Bhawan, Jor Bagh, New Delhi - 110 003. 2.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. 1/6
3.The Principal Chief Conservator of Forest & Head of Forests Force Velachery Main Road, Guindy, Chennai, Tamil Nadu State - 600 032.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to notionally regularize the petitioners service by relaxing the rules after completion of ten years from the date of initial appointment as a Plot Watcher on daily wage basis of the similar and Junior persons seniority along with regular service as qualifying service for the purpose of getting person and family pension in the light of the Hon'ble Supreme Court Judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and Hon'ble Madras High Court orders passed in W.P.No.21627 of 2021 dated 07.10.2021 and W.P.(MD).No.15339 of 2024 dated 10.07.2024 were Complied in G.O.(2D).No.127 dated 03.06.2023 and G.O.(2D).No.32 dated 28.02.2025 of the 2nd Respondent to Confer all Consequential pensionary benefits by the way of our Common representation to the respondents within time frame as fixed by this Court. For Petitioner : Mr.I.Kannapatel For R1 : Mr.V.Chandrasekaran For R2 and R3 : Mr.C.Selvaraj Additional Government Pleader
O R D E R
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By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.
2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to notionally regularize the petitioners service by relaxing the rules after completion of ten years from the date of initial appointment as a Plot Watcher on daily wage basis of the similar and Junior persons seniority along with regular service as qualifying service for the purpose of getting person and family pension in the light of the Hon'ble Supreme Court Judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and Hon'ble Madras High Court orders passed in W.P.No.21627 of 2021 dated 07.10.2021 and W.P.(MD).No.15339 of 2024 dated 10.07.2024 were Complied in G.O.(2D).No.127 dated 03.06.2023 and G.O.(2D).No.32 dated 28.02.2025 of the 2nd Respondent to Confer all Consequential pensionary benefits by the way of our Common representation to the respondents within time frame as fixed by this Court.
3. Heard the learned counsel for both sides and perused the materials 3/6
available on record.
4. The learned counsel for the petitioners would submit that the petitioners have been serving as Forest Guards for more than 25 years and they have been regularised in the year 2014. It is the submission of the petitioners that their regularisation should be from the date of their initial appointment. In this connection, the petitioners has sent a representation to the respondents on 23.05.2025 and such representation is pending with them.
5. At this juncture, the learned counsel appearing for the 1st respondent and the learned Additional Government Pleader appearing for the respondents 2 and 3 would fairly submit that they would consider the petitioners' representation according to it's own merits and in accordance with law, within a reasonable time.
6. In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the 2nd respondent to consider the petitioners' representation dated 23.05.2025 and pass orders on it's own merits and in accordance with law, within a period of eight weeks 4/6
from the date of receipt of copy of this order.
7. With the above direction, the Writ Petition is disposed of. No costs. 15.07.2025 (2/2) Index : Yes/No Speaking order /Non Speaking Order dm To 1.The Secretary to Government, Union of India, Environment, Forest and Climate Change Department, Indira Paryavaran Bhawan, Jor Bagh, New Delhi - 110 003. 2.The Additional Chief Secretary to Government, State of Tamil Nadu, Environment, Climate Change and Forest Department, Fort St. George, Chennai, Tamil Nadu State - 600 009. 3.The Principal Chief Conservator of Forest & Head of Forests Force Velachery Main Road, Guindy, Chennai, Tamil Nadu State - 600 032.
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C.KUMARAPPAN, J.
dm 15.07.2025 (2/2) 6/6