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Madras High CourtWP/24432/2024disposed of

K.Kumar v. The State Of Tamil Nadu

2024-08-28Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. K.Kumar S/o.Kannyappan

2. Dhamodharan S/o.Kannan

3. Gnanadurai S/o.Poongavanam

4. Velayutham S/o.Ponnusamy

5. Balaraman S/o.Govindan

6. Krishnan S/o.Dharmaya 7.Sulochana W/o.Late Murugan 8.Muniyammal W/o.Late.Perumal

9. Ayammal W/o.Late Masilamani 10.Ellammal W/o.Late Ramalu

11. Poongavanam 1/6

W/o. Late Govindasamy

12. Munusamy S/o.Kannan ... Petitioners Vs.

1. The State of TamilNadu, Rep. by its Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George, Chennai -9.

2. The Principal Chief Conservator of Forest & Head of Forest Force, Joint Forest Management, Velachery Main Road, Guindy, Chennai -32.

3. The Divisional Forest Officer, Social Forestry Division , Vellore - 632 004.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to regularize ours service as forest watchers on bar with their Juniors by giving the benefit of relaxation of the rule 5 of TNFSS Rules with respect to the order passed in the G.O (2D) No.48, Environment, climate change and forests (FR.2ii) Department dated 07/04/2022, G.O (2D) No.58 dated 20.04.2022 Environment, climate change and forests (FR.2ii) Department, G.O (2D) No.67 dated 27.04.2022 Environment, climate change and forests (FR.2ii) Department, G.O (2D) No.125 dated 17.08.2022 Environment, climate change and forests (FR.2ii) Department and G.O.(2D) No.155 dated 26.09.2022 Environment, climate change and forests (FR.2ii) Department passed to similarly placed persons. For Petitioners : Mr.P.Ganapathy 2/6

For Respondents : Mr.C.Selvaraj Additional Government Pleader *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents to regularize the services of the petitioners as forest watchers on par with their juniors by giving the benefit of Rule 5 of TNFSS Rules and in line with the relevant Government orders.

2. Heard Mr.P.Ganapathy, learned counsel for petitioners and Mr.C.Selvaraj, learned Additional Government Pleader appearing for respondents.

3. The case of the petitioners is that they were appointed as social forestry workers/plot watchers during the period from 1980 to 1984 in the forestry division at Vellore. Thereafter, they were appointed as supernumerary plot watchers. All of them have rendered 35 years of service. The grievance of the petitioners is that they have requested for regularization of their service as forest watcher on par with their juniors by giving the benefit of Rule 5 of TNFSS Rules and in line with the 3/6

relevant Government orders. Similar request was made and those persons approached this Court and orders were passed in the writ petitions and the same was acted upon and the Government Order was passed by relaxing the relevant rule. Since the representation made by petitioners did not evoke any response, the present writ petition has been filed.

4. Taking into consideration the facts and circumstances of the case and the relevant rule and the Government orders and also the earlier orders passed by this Court and the Government orders issued in compliance with the directions issued by this Court, there shall be a direction to respondents 1 and 2 to consider the representation made by the petitioners on 27.01.2023 and deal with the same on its own merits and in accordance with law and in line with the relevant Government orders and also take note of the orders passed for persons, who are similarly placed and a final decision shall be taken within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. Each of the petitioner is directed to submit a separate representation along with the relevant documents and also a copy of this 4/6

order to respondents 1 and 2.

This writ petition is disposed of with the above direction. No costs.

28.08.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To

1. The Secretary to Government , State of TamilNadu, Environment, Climate Change and Forest Department, Fort St.George, Chennai -9.

2. The Principal Chief Conservator of Forest & Head of Forest Force, Joint Forest Management, Velachery Main Road, Guindy, Chennai -32

3. The Divisional Forest Officer, Social Forestry Division, Vellore - 632 004.

N.ANAND VENKATESH, J gm 5/6

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