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Madras High CourtWP/34748/2025disposed of

N.Mohammed Sulthan v. The State Of Tamilnadu

2025-09-17Honourable Mr Justice A.D.Jagadish Chandira8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.

N.Mohammed Sulthan 2.

N.Nagamani 3.

S.Pandiammal 4.

S.Manikandan 5.

R.Karuppaia

...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, Tamil Nadu State - 600 009. 2.

The Principal Chief Conservator of Forest & Head of Forests Force, Velachery Main Road, Guindy, Chennai, Tamil Nadu State - 600 032.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to notionally regularize the petitioners service by relaxing the rules after completion of ten years from the date of initial appointment as a Plot Watcher on daily wage basis on par with Junior persons seniority along with regular service as qualifying 1/8

service for the purpose of getting pension and family pension in the light of Hon'ble Supreme Court Judgement delivered in C.A.No.6798 of 2019 dated 02.09.2019 and Hon'ble Madras High Court orders passed in W.P.No.21627 of 2021 dated 07.10.2021 and W.P.(MD).No.12258 of 2024 dated 12.06.2024 were complied in G.O.(2D).No.127 dated on 03.06.2023 and G.O.(2D).No.33 dated on 03.03.2025 of the 1st respondent to confer all consequential pensionary benefits by way of our common representation to the respondents within time frame as fixed by this Hon'ble Court. For Petitioners : Mr.I.Kannapatel For Respondents : Mr.C.Selvaraj, AGP

ORDER

This writ petition has been filed seeking the following prayer: "to direct the respondents to to notionally regularize the petitioners service by relaxing the rules after completion of ten years from the date of initial appointment as a Plot Watcher on daily wage basis on par with Junior persons seniority along with regular service as qualifying service for the purpose of getting pension and family pension in the light of Hon'ble Supreme Court Judgement delivered in C.A.No.6798 of 2019 2/8

dated 02.09.2019 and Hon'ble Madras High Court orders passed in W.P.No.21627 of 2021 dated 07.10.2021 and W.P.(MD).No.12258 of 2024 dated 12.06.2024 were complied in G.O.(2D).No.127 dated on 03.06.2023 and G.O.(2D).No.33 dated on 03.03.2025 of the 1st respondent to confer all consequential pensionary benefits by way of our common representation to the respondents within time frame as fixed by this Hon'ble Court"

2. Mr.C.Selvaraj, learned Additional Government Pleader, accepts notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioners is that, the petitioners 1, 2, 4 & 5 and the husband of the 3rd petitioner namely, late K.Sundararajan, joined the services of the Tamil Nadu Forest Subordinate Service in temporary capacity as Watcher on a full-time daily wage basis during the year 1978. 3/8

Subsequently, they were absorbed as Forest Watchers. Further, though the petitioners' names were included in the State-wide seniority list as per G.O.Ms.No.64, Environment and Forest Department dated 08.03.1999, the said seniority list was not followed in letter and spirit and their services were not regularised, despite having completed 10 years of continuous service. While so, some of the similarly placed persons and some of the juniors of the petitioners approached this Court and in compliance of the orders of this Court, their services were notionally regularised and they were even promoted and also got their monetary benefits. Therefore, the petitioners made a common representation on 10.07.2025 to the respondents, seeking to regularise their service as per the state-wide seniority list and to provide consequential pensionary benefits. However, as the same evoked no response, the petitioners have come up with this writ petition.

4. Though very many grounds have been raised, the learned counsel for the petitioners submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioners' common representation dated 10.07.2025 and pass orders, as early as possible. 4/8

5. Learned Additional Government Pleader appearing on behalf of the respondents submits that appropriate orders will be passed on the petitioners' common representation dated 10.07.2025 within the time stipulated by this Court.

6. Considering the limited request now made by the learned counsel for the petitioners, this Court, without going into the merits of the case, directs the respondents to consider the petitioners' common representation dated 10.07.2025 and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the petitioners and aggrieved persons, if any.

7. With the above directions, this writ petition stands disposed of. No 5/8

costs.

17.09.2025 (4/4) skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

1.

The Additional Chief Secretary to Government, State of Tamil Nadu, Environment, Climate Change and Forest Department, Fort St. George, Chennai, Tamil Nadu State - 600 009. 2.

The Principal Chief Conservator of Forest & Head of Forests Force, Velachery Main Road, Guindy, Chennai, Tamil Nadu State - 600 032.

A.D.JAGADISH CHANDIRA, J.

skt 6/8

(4/4) 17.09.2025 WMP.No.38922 of 2025 in 7/8

A.D.JAGADISH CHANDIRA, J.

Ordered, on payment of separate Court fee.

17.09.2025 (3/4) skt 8/8