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Madras High CourtWP/31529/2025allowed

A.Sekar v. The State Of Tamilnadu

2025-08-21Honourable Ms. Justice P.T. Asha8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 31529 of 2025 & W.M.P.No. 35304 of 2025 1.A.Sekar 2.S.Jayavelu 3.J.Kannan

...Petitioners

Vs.

1.The State of Tamil Nadu Rep., by its Additional Chief 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 Headquarters, Velachery Main Road, 1/8

Guindy, Chennai - 600 032.

...Respondents

Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Mandamus, direction to the respondents to consider the petitioners claim of notional promotion in the post of forester on par with their juniors (i.e) on 13.04.2013 by including their names in the panel for the year 2011- 2012 in the light of the order passed by this Honble court in W.P. No. 40881 of 2016 dated 22.11.2016 same was affirmed by the Division bench in W.A. NO. 2682 of 2019 dated 07.07.2021 and same was confirmed by the Supreme Court SLP (Civil) Diary No. (S) 27674 of 2022 dated 26.09.2022 and order in the light of the order in W.P. No. 7506 of 2025 dated 28.04.2025 with all consequential service and monetary benefits. For Petitioner :

Ms. K.Jenitha For Respondents :

Mr. C.Selvaraj Additional Government Pleader.

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O R D E R

The Writ Petition is filed for the following relief: "direction to the respondents to consider the petitioners claim of notional promotion in the post of forester on par with their juniors (i.e) on 13.04.2013 by including their names in the panel for the year 20112012 in the light of the order passed by this Honble court in W.P. No. 40881 of 2016 dated 22.11.2016 same was affirmed by the Division bench in W.A. NO. 2682 of 2019 dated and same was confirmed by the Supreme Court SLP (Civil) Diary No. (S) 27674 of 2022 dated 26.09.2022 and order in the light of the order in W.P. No. 7506 of 2025 dated 28.04.2025 with all consequential service and monetary benefits".

2. The petitioners were initially appointed as a Plot Watcher on daily wage basis in 1984. The petitioners service came to be 3/8

regularised in the post of Forest Watchers in the year 2008. After rendering about 24 years of service on daily wage basis, their their juniors were given with regular appointment in 24.01.1995. Hence, the petitioners filed writ petition seeking for notional promotion in the post of Forest Watcher on par with their juniors with effect from 24.01.1995 with all consequential benefits. The Writ Petition was allowed as prayed for and in compliance of the order the 1st respondent passed orders.

3. But the respondents failed to consider that the petitioner's junior got their subsequent promotions upto the post of Forester. When the petitioners services were regularised with effect from 24.01.1995 as Forest Watcher, they are entitled to get the benefits of next promotions like Forest Guard and Foresters on par with juniors notionally. But they failed to do so. Hence the petitioner again approached this Court by filing a writ petition for notional promotion as Forest Guard on par with their juniors with effect from 31.05.2004. The above writ petition was allowed and the 1st respondent implemented the order of this Court. 4/8

4. Once again the respondents failed to consider the notional promotion of the petitioners to Forester. The petitioners are entitled for notional promotion to the next avenue of promotion to the post of Forester with effect from 18.03.2013. Therefore, the petitioners sent a representation and the same is pending.

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

6. In a connected matter in order passed in WP.No.40881 of 2016 dated 22.11.2016, which is affirmed by the Division Bench in WA.No.2682 of 2019 dated 07.07.2021, the Court has directed the respondents to include the name of the petitioners therein in the panel for the year 2011 -2012 and promote them as Foresters from the date on which their juniors were promoted, on notional basis. 5/8

7. Accordingly, the Writ Petition is allowed on the lines of the order passed in WP.No.40881 of 2016 dated 22.11.2016, which is affirmed by the Division Bench in WA.No. 2682 of 2019 dated 07.07.2021. Consequently, the connected miscellaneous petition is closed. No costs.

21.08.2025 Index : Yes/No Internet : Yes/No kan 6/8

To 1.The State of Tamil Nadu Rep., by its Additional Chief 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 Headquarters, Velachery Main Road, Guindy, Chennai - 600 032.

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P.T. ASHA, J kan W.P.No. 31529 of 2025 21.08.2025 8/8