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Madras High CourtWP/30020/2025allowed

G.Anniyappan v. The State Of Tamil Nadu

2025-08-11Honourable Ms. Justice P.T. Asha7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-08-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA AND WMP NO. 33639 OF 2025,WMP NO. 33643 OF 2025

1. G.Anniyappan S/o. Govindaraj, 1/5 Periya Street, Bagaveli Village and Post, Walajapet Taluk, Ranipet District.

2.P.S. Kannan S/o. Perumal, No.52B, Nadutheru, Kallai Sarathur Village, Tiruvannamalai Taluk, Tiruvannamalai District. Petitioner(s) Vs

1. The State of Tamil Nadu Rep., 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), Forest Head Quarters, Velachery Main Road, Guindy, Chennai-32 Respondent(s)

PRAYER: to call for the records in G.O.(MS) No.40 Environment, Climate Change and Forests (FR.2) Department, dated 26.04.2019, by 1st Respondent and quash the same in so far as regularization of the petitioners service with effect from 24.01.1995 instead of 08.03.1999 and further direction directing the respondents to consider the notional regularization to the petitioner as Forest Watcher with effect from 24.01.1995 instead of 08.03.1999 for the purpose of getting revised pension on par with juniors same was done in similarly placed persons in G.O. (2D) No.131, Environment, Climate Change and Forests (FR2II) Department, dated 07.07.2025 within time limit to be stipulated by this Court For Petitioner(s):

K.Jenitha For R1 and R2:

MR.C.Selvaraj, Additional Government Pleader

ORDER

The writ petition is filed for the below relief: " to call for the records in G.O.(MS) No.40 Environment, Climate Change and Forests (FR.2) Department, dated 26.04.2019, by 1st Respondent and quash the same in so far as regularization of the petitioners service with effect from 24.01.1995 instead of 08.03.1999 and further direction directing the respondents to consider the notional regularization to the petitioner as Forest Watcher with effect from 24.01.1995 instead of 08.03.1999 for the purpose of getting revised pension on par with juniors same was done in similarly placed persons in G.O. (2D) No.131,

Environment, Climate Change and Forests (FR-2II) Department, dated 07.07.2025.

2. The brief facts which are culminated in the filing of this writ petition are set out below:

2.1. The petitioners were appointed as Plot Watchers on daily wage basis on 01.02.1983 and 01.09.1978 respectively. The petitioners were not brought under the regular service for some years. Subsequently, as per G.O.Ms.No.64, Environment and Forest Department, dated 08.03.1999, the names of the Petitioners were included in the statewise seniority list prepared by the respondents in S.No.2454 and 403 respectively and their service brought under the regular scale of pay on 08.03.1999.

3. It is the grievance of the petitioners that their juniors had been appointed as Forest watchers on 24.1.1995 itself. Thereafter, the similarly placed persons had filed Writ Petition for appointment for the post of forest watchers on par with juniors and the said Writ Petition was disposed of with direction to the authorities to consider the claim for appointment of forest watchers on par with juniors.

4. The respondents thereafter have implemented the above order. It is the case of the petitioner that though the Authorities had been directed to give effect to the orders of the Court, the same was not done. In the W.P.No.7256 of 2025, a similarly placed person had moved this Court seeking notional regularization as forest watcher with effect from 24.01.1995 instead of 08.03.1999 which is the very same prayer in this Writ petition. This Court by order dated 13.03.2025 allowed the writ petition and passed the following orders "3. The same order would apply to the writ petitioner also. The Government Order impugned in this writ petition is quashed insofar as the date of regularization of the services of the petitioner is concerned and the petitioner is directed to be brought into regular service on 24.01.

1995 as Forest Watcher for the purpose of revised pension. The respondents are directed to notionally regularise the services of the petitioner with effect from 24.01.1995 for the purpose of revised pension on par with juniors as per the Tamil Nadu Forest Subordinate Services Rules 5 Clause -1 (4) (ii), within a period of eight weeks from the date of receipt of a copy of this Order.

However, the respondents are not giving effect to the said order in the petitioner's case though they are similarly placed and therefore, they are

before this Court.

5. Heard the counsels on either side and perused the records.

6. Considering the fact that the present writ petition, also seeks a similar relief and the petitioners are also similarly placed, this Court concurs with the order passed in W.P.No.7256 of 2025 dated 13.03.2025 and directs the respondents to pass the same directions. Consequently the order impugned is set aside and the Respondents are directed to bring the petitioners into regular services with effect from 24.01.1995 as forest watchers.

7. Accordingly, the writ petition is allowed. Consequently connected miscellaneous petitions are closed. No costs. 11-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The State of Tamil Nadu 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), Forest Head Quarters, Velachery Main Road, Guindy, Chennai-32

P.T.ASHA J.

shl AND WMP NO. 33639 OF 2025,WMP NO.

33643 OF 2025 11-08-2025