P.S.Duraikannu v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.28250 of 2023 & WMP.No.27772 of 2023 P.S.Duraikannu ... Petitioner Vs 1.The Government of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Environment and Forest Department, Fort St.George, Chennai-600009.
2.The Principal Chief Conservator of Forests, (Head of Forest Force), Velachery Main Road, Guindy, Chennai - 32.
... Respondents PRAYER in W.P.No.25504 of 2023: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, or any other appropriate writ, order or direction in the nature of a writ, calling for the entire records which culminated in issuing the Government G.O. (2D) No.133 Environment Climate Change and 1/9
Forests (FR.2ii) Department dated 16.06.2023 on the file of the first respondent and quash the same and consequently directing respondents to regularize the service of petitioner in the cadre of forest watcher for purpose of getting minimum pension / Family pension by giving relaxation in respect of height on par with juniors namely P.Karuppiah S.No.4608 with effect from 24.01.1995 in the light of the order passed by this Honourable High Court in W.P. No.23647 of 2013 dated 12.09.2014 same was affirmed by Division Bench in W.A. No.2072 of 2018 dated 11.08.2021 and implementation Order passed by the first respondent in G.O.[2D] No.09. Environment, Climate Change and Forest [FR.2[II] Department dated 08.02.2022 within a time limit that may be fixed by this Court.
For Petitioner : Mr.S.Mani For Respondents : Mr.R.Neelakandan, Additional Advocate General Asstt. By Mr.S.Arumugam, Government Advocate
O R D E R
This Writ Petition has been filed to quash the impugned Government G.O. (2D) No.133 Environment Climate Change and Forests (FR.2ii) Department dated 16.06.2023 passed by the first 2/9
respondent and consequently directing respondents to regularize the service of petitioner in the cadre of forest watcher for purpose of getting minimum pension / Family pension by giving relaxation in respect of height on par with juniors namely P.Karuppiah S.No.4608 with effect from 24.01.1995 in the light of the order passed by this Honourable High Court in W.P. No.23647 of 2013 dated 12.09.2014 same was affirmed by Division Bench in W.A. No.2072 of 2018 dated 11.08.2021 and implementation Order passed by the first respondent in G.O.[2D] No.09. Environment, Climate Change and Forest [FR.2[II] Department dated 08.02.2022 within a time limit that may be fixed by this Court.
3. The case of the petitioner is that he was appointed as a Social Forest Worker on daily wage basis in the year 01.01.1981 and subsequently as per G.O.Ms.No.95, Environment and Forest Department, dated 07.08.2009, their services have been brought into regular time scale of pay as plot watcher [supernumerary post] in the year 2009. The petitioner has worked in the forest department for more than 35 to 45 years on daily wages. However, the petitioner was denied of benefit of 3/9
accommodating them in the cadre post of forest watcher only on the ground that they did not possess requisite height as per the service rules. According to the petitioner, similarly placed persons, namely, I.Alagarasan and others, filed writ petition before this Court in W.P.No.23647 of 2013 for a similar relief and same was allowed on 12.09.2014. As against which, the Government preferred an Appeal in W.A.No.2072 of 2018 and Order of the Single Judge has been confirmed by the Division Bench of by an Order dated 11.08.2021 and the Government after relaxing the height rule regularised the service of the petitioners therein from 24.01.1995 and 02.02.1995. In this regard, the petitioner has made several representations to regularize his service as per the above Government Order and the same was not considered by the respondents.
Therefore, the petitioner filed a Writ Petition in W.P.No.29777 of 2022 and the Writ Petition was disposed of directing the respondent to dispose of the representation of the petitioner in line with the above Government Order. The second respondent, by Order dated 16.06.
no provision for regularization of service after completion of ten years. Challenging the same, the present Writ Petition has been filed.
5. The impugned Order has been challenged mainly on the ground that the service of similarly placed persons have been regularized with effect from 24.01.1995 and 02.02.1995 in the light of the Orders of this Court in W.A.No.2072 of 218 dated 11.08.2021 and the Government Order in G.O.[2D] No.09 Environment, Climate Change and forest [FR.2[II] Department dated 08.02.2022.
6. 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 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, honorarium 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 5/9
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.
7. 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 Government Orders in G.O.Ms.No.95, Environment and Forest Department, dated 07.08.2009, G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023 and G.O. [2D] No.9, dated 08.02.2022. Based on the Orders of this Court in W.A.No.2072 of 2018, dated 11.08.2021, the Government has issued the Government Order in G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023. As per the above Government Orders, the relief has been extended to similarly placed persons. Hence, the respondents are directed to consider the case of the petitioners in the light the above Government Orders, 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. 6/9
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 petitioner and also the fact that when similarly placed persons have already been granted the relief, if the petitioner is 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 to the petitioner as per above Government Orders as it is extended to similarly situated persons.
8. With the above directions, the impugned Order dated 16.06.2023 is set aside and the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 26.09.2023 Index:Yes/No vrc 7/9
To, 1.The Additional Chief Secretary to Government, Environment and Forest Department, Fort St.George, Chennai-600009.
2.The Principal Chief Conservator of Forests, (Head of Forest Force), Velachery Main Road, Guindy, Chennai - 32.
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N.SATHISH KUMAR, J.
vrc WP.No.28250 of 2023 26.09.2023 9/9