S.Balasubramanian v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.09.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.Balasubramanian
...Petitioner
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 in the post of Forest Watcher Grade II and fix the seniority of the petitioner service by relaxing the rules after completion of ten years from the date of initial appointment as Fieldman Grade II in the erstwhile Cinchona Deparment on 24.02.1985 similar to junior along with regular service as qualifying service for the purpose of getting pension and family pension in 1/7
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.A.No.904 of 2021 dated 26.03.2024 and Complied in Letter No.7664061/FR.2(i)/2024-5, dated 16.04.2025 of the 1st respondent and also notionally promote the petitioner as Forester on par with Junior persons promoted in the Panel of 2008-09 (Crucial Dated 15.08.2008), to confer all consequential pensionary benefits by way of representation to the respondents within time frame as fixed by this Hon'ble Court. For Petitioner : 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 notionally regularize in the post of Forest Watcher Grade II and fix the seniority of the petitioner service by relaxing the rules after completion of ten years from the date of initial appointment as Fieldman Grade II in the erstwhile Cinchona Deparment on 24.02.1985 similar to junior along with regular service as qualifying service for the purpose of getting pension and family pension in the light of 2/7
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.A.No.904 of 2021 dated 26.03.2024 and Complied in Letter No.7664061/FR.2(i)/2024-5, dated 16.04.2025 of the 1st respondent and also notionally promote the petitioner as Forester on par with Junior persons promoted in the Panel of 2008-09 (Crucial Dated 15.08.2008), to confer all consequential pensionary benefits by way of representation to the respondents within time frame as fixed by this Hon'ble Court."
2. Mr.C.Selvaraj, learned Additional Government Pleader takes 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 petitioner is that he joined the services of the Tamil Nadu Cinchona Department in temporary capacity as Kanakupillai on a fulltime daily wage basis during the year 1975 and pursuant to G.O.Ms.No.655 3/7
Forest and Fisheries Department dated 09.06.1988, the petitioner was appointed as Fieldman Grade II on 02.07.1988. While so, after abolishment of the said Cinchona Department, though the petitioner's juniors were absorbed in the Forest Department and their services were regularised from the date of their completion of ten years of service, the same was not followed in the petitioner's case and the petitioner's service was not regularised from the date on which he completed ten years of service from the date of his initial appointment in Cinchona Department. Aggrieved by the said inaction on the part of the respondents, the petitioner had also sent several representations to the respondents. However, the same evoked no response and the petitioner had subsequently retired from service on 31.10.2010.
Thereafter, the petitioner made a detailed representation before the respondents on 18.08.2025, seeking to regularise his service and also to grant promotion to him notionally, enabling him to get all pensionary and other benefits, to which he is entitled to, if he had been regularised on a par with his juniors. However, till date, no orders have been passed on the said representation. Hence, this writ petition.
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4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondents to consider the petitioner's representation dated 18.08.2025 and pass appropriate orders, as early as possible.
5. Learned Additional Government Pleader appearing on behalf of the respondents submits that appropriate orders will be passed on the petitioner's representation dated 18.08.2025 within the time stipulated by this Court.
6. Considering the limited request now made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 18.08.2025 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 petitioner and aggrieved persons, if any.
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7. With the above directions, this writ petition stands disposed of. No costs.
17.09.2025 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.
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skt 17.09.2025 7/7