R.Chellamuthu v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.25251 of 2023 1.R.Chellamuthu 2.K.Thiyagarajan 3.M.Krishnasamy 4.M.R.Sevagan 5.P.Puththimathi ... Petitioners
Versus
1. The Government of Tamilnadu, Rep. by its Additional Chief Secretary, Environment and Forest Department, Fort St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests, [Head of Forest Force], Velachery Main Road, Guindy, Chennai - 600 015. ... Respondents Prayer :- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to regularize the service of the petitioners 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 1/8
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 second respondent dated 07.10.2011 and light of the order passed in W.P.19020 of 2021 dated 09.09.2021 and in the light of G.O.[2D] No.122, Environment, ClimaeChange and Forests [FR.2[ii]] Department dated 12.08.2022. For Petitioner : Mr.S.Mani For Respondents : Mr.R.Neelakandan, AAG VIII Asst. by Mr.S.Arumugam, Government Advocate - R1 & R2
ORDER
This Writ Petition has been filed to direct the respondents to regularize the service of the husband 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.607 of 2010 dated 29.03.2010 and proceedings of the second respondent dated 07.01.2011 and light of the order passed in W.P.19020 of 2021 dated 09.09.2021 2/8
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 petitioners are that they were appointed as Plot Watchers on temporary basis on 15.06.1978, 26.01.1985, 01.02.1985, 15.03.1984 & 31.03.1986 respectively on daily wage basis and subsequently, their service as plot watchers were regularized after 11.01.2000, 19.03.2011, 08.11.2014, 01.10.2010 & 20.08.2015 respectively. Whereas, their 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 petitioners on par with their juniors, Venkatachalam and others were brought in regular time of scale on 24.01.1995. According to the petitioners, similarly placed persons, namely, P.Sundaram and P.Govindan and 23 others filed W.P.No.15561 of 2006 and 23374 of 2008 before this Court and the same was disposed on 10.03.2008 and 30.10.2009 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.No.690 of 2008 3/8
and 607 of 2010 and the same were dismissed by the 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 Order dated 15.11.2010 and 07.01.2010 respectively. In the light of the above Order of this Court, the petitioners made representations to the respondents to regularise their service on par with their juniors with effect from 24.01.1995 and the same were not considered by the respondents. Hence, the present Writ Petition has been filed.
3. The case of the petitioners are that that the service of similarly placed persons have been regularized with effect from 24.01.1995 in the light of the Orders 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. The learned Additional Advocate General placed reliance on the Order of the Division bench of this Court in W.A.No.158 of 2016 and 4/8
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, honoarium 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, submitted that the impugned Order does not warrant any interference.
5. Admittedly, the grievance of the writ petitioners are that they are seeking regularization of their service for pensionary benefits. It is the contention of the writ petitioners 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. Hence, the respondents are directed to consider the case 5/8
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 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. In such view of the matter, the respondents are directed to extend the benefits to the petitioners as per the above Government Order in G.O.[2BD] No.64 Forest Department dated 08.03.1999 as it is extended to similarly situated persons.
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7. With the above directions, this Writ Petition is disposed of. No costs.
29.08.2023 Index:Yes/No dhk To,
1. The Additional Chief Secretary, Environment and Forest Department, Fort St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidapet, Chennai - 600 015.
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N.SATHISH KUMAR, J.
dhk 29.08.2023 (1/2) 8/8