D.Sivaji v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR D.Sivaji, M/64, S/o.Dharmalingam, Plot Watcher (Supernumerary Post), Arani Range, Thiruvannamalai Division, Thiruvannamalai Circle.

... Petitioner

Versus

1.Government of Tamil Nadu, Rep. by its Secretary, Environment and Forest Department, Fort St.George, Chennai - 600009.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ direction or order in the nature of Writ of Mandamus, directing the respondents to regularize the service of the petitioner as Forest Watcher from 24.01.1995 notionally for purpose of getting pension by taking into account their seniority and qualification, on par with their juniors namely last junior one Mr.P.Karuppiah, in the light of the orders passed in W.P.No.15561 of 2006 dated 10.03.2008, 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 proceedings of the 2nd respondent dated 07.01.2011 and light of the order passed in W.P.No.19020 of 2021 dated 09.09.2021 and in the light of G.O.(2D) No.122, Environment, Climate Change and Forests (FR.2(ii)) Department dated 12.08.2022. Page No.1 of 6

For Petitioner :

Mr.S.Mani For Respondents :

Mr.S.Prabhakaran, Government Advocate

ORDER

This Writ Petition has been filed to direct the respondents to regularize the service of the petitioner as Forest Watcher from 24.01.1995 notionally for purpose of getting pension by taking into account their seniority and qualification, on par with their juniors namely last junior one Mr.P.Karuppiah, in the light of the orders passed in W.P.No.15561 of 2006 dated 10.03.2008, 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 proceedings of the 2nd respondent, dated 07.01.2011 and light of the order passed in W.P.No.19020 of 2021, dated 09.09.2021 and in the light of G.O.(2D) No.122, Environment, Climate Change and Forests (FR.2(ii)) Department dated 12.08.2022.

2.The case of the petitioner is that he was appointed as Plot Watcher on 12.08.1984 on daily wage basis and subsequently, his service as plot watcher was regularized on 26.09.2017. Whereas, his juniors were regularised as early as on 24.01.1995. Hence, there is vast disparity and discrimination in the matter of regularization of service of the petitioner on Page No.2 of 6

par with his juniors were brought in regular time of scale on 24.01.1995. According to the petitioner, similarly placed persons, namely, P.Sundaram and P.Govindan and 23 others filed W.P.Nos.15561 of 2006 and 23374 of 2008 before this Court and the same was disposed on 10.03.2008 and 30.102009 with a direction to consider their claim for appointment as Forest Watcher on par with their juniors. As against the said Order, the Department went on appeal in W.A.Nos.690 of 2008 and 607 of 2010 and the same were dismissed by the Hon'ble Division Bench of this Court on 13.10.2009 and 29.03.2010 respectively. Pursuant to the dismissal of the appeals, the respondents implemented the Order of this Court by passing Orders dated 15.11.2010 and 07.01.2010 respectively and in the light of the G.O.[2D] No.122 dated 12.08.2022.

In the light of the above Order of this Court, the petitioner made a representation to the respondents on 01.03.2023 to regularise the service of the petitioner on par with his juniors with effect from 24.01.1995 and the same was not considered by the respondents. Hence, the present Writ Petition has been filed. 3.The case of the petitioner is that that the service of similarly Page No.

placed persons have been regularized with effect from 24.01.1995 in the light of the judgments of this Court in W.A.Nos.690 of 2008 and 607 of 2010 dated 13.10.2009 and 29.03.2010 respectively and the Government Order in G.O.[2BD] No.64 Forest Department dated 08.03.1999. 4.Admittedly, the grievance of the writ petitioner is that he is seeking regularization of service for pensionary benefits. It is the contention of the writ petitioner that similarly persons have been given such benefits as per Orders in W.A.Nos.690 of 2008 and 607 of 2010 dated 13.10.2009 and 29.03.2010 respectively and the Government Order in G.O.[2BD] No.64 Forest Department dated 08.03.1999. As per the above Government Order, the relief has been extended to similarly placed persons. 5.

Hence, the respondents are directed to consider the case of the petitioners in the light 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 Page No.

the petitioners and also the fact that when similarly placed persons have already been granted the relief, if the petitioners 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 respondents shall extend the benefits as per above Government Orders as it is extended to similarly situated persons.

6.With the above directions, this Writ Petition is disposed of. No costs.

14.08.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Secretary, Government of Tamil Nadu, Environment and Forest Department, Fort St.George, Chennai - 600009.

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

Page No.5 of 6

N.SATHISH KUMAR , J.

vv2 14.08.2023 Page No.6 of 6