Madras High CourtWP/39/2016disposed of

T.Jayamoorthy, v. Government Of Tamil Nadu

2016-01-05Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.39 of 2016 1 T.Jayamoorthy ..

PETITIONER Vs 1 Government of Tamil Nadu Rep. by its Secretary, Environment and Forest Department, Secretariat, Chennai - 600 009.

2 The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai - 600 015.

RESPONDENTS Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Respondents to appoint the Petitioner as regular time scale Forest Watchers taking into account of his seniority and qualification on par with his Juniors in the light of the orders passed in W.P. No. 15561 of 2006 dt 10.3.2008 W.A. No.690 of 2008 dt 13.10.2009 W.P.No.23374 of 2008 dt 30.10.2009 W.A. No.607 of 2010 dt 29.3.2010 and proceedings of the 2nd Respondent dt 7.1.2011 and confer all consequential benefits. For Petitioner : Mr.S.Mani For Respondents: Mr.N.Inbanathan Government Advocate (Forest)

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself. Learned Government Advocate takes notice for the respondents.

2. Petitioner was appointed on daily wages in the Forest department and subsequently, his service was regularised as Forest Watcher but not on par with his juniors. However, the juniors of the petitioner who are able to read and write and acquired SSLC qualification were promoted earlier than

petitioner as per the qualification fixed by the G.O.Ms.No.332, Environment and Forest Department, dated 22.12.1994. Thereafter, G.O.Ms.No.64, Environment and Forest Department, dated 08.03.1999 was issued restoring the qualification of ability to read and write instead of SSLC. Though the petitioner is promoted as Forest watcher, the regularization of the services of the petitioner as Forest Watcher on par with their juniors has not been done.

3. Learned counsel appearing for the petitioner would submit that issue is already covered by the decision in the writ petition filed by similarly placed persons in W.P.No.15561/2006 dated 10.03.2008 which was confirmed in W.A.No.690/2008 dated 13.10.2009.

4. Considering the fact that the petitioner's juniors were already regularized even before the petitioner could get regularized as per the decision referred to above, it is appropriate to direct the respondents to regularise the service of the petitioner on par with their juniors as Forest Watchers within a period of twelve weeks from the date of receipt of a copy of this order. The Petitioner is entitled to only regularization from the date on which the juniors were regularized and they are not entitled to any monetary benefits from that date.

5. With the above direction, the writ petition is disposed of. No costs.

-s/dAssistant Registrar(CSII) dt:29/01/2016 True Copy Sub-Assistant Registrar sms/dn To 1 Government of Tamil Nadu Rep. by its Secretary, Environment and Forest Department, Secretariat, Chennai - 600 009.

2 The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai - 600 015.

+1 cc to M/S.S.Mani Advocate sr.878 +1 cc to Special Government Pleader sr.480 W.P.No.39 of 2016 ad(co) aa01/02/2016