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Madras High CourtWP/38165/2025disposed of

M. Sivanandam v. Government Of Tamil Nadu

2025-10-10Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.M.Sivanandam 2.M.Thiyagarajan 3.V.Chandrakasan ...Petitioners Vs.

1.Government of Tamil Nadu, Represented by its Principal Secretary to Government, Environment and Forests Department, Fort St.George, Chennai-600009.

2.The Principal Chief Conservator of Forests, (Head of Forest Force), Velachery Main Road, Guindy, Chennai-600 032.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents to consider the notional promotion to the petitioners as Forest Guard on par with juniors by including their name in the panel drawn for the year 2003-2004 with effect from 31.05.2004 for purpose of getting enhanced pension (Petitioners service was regularized on par with junior's only now) and in the light of order passed by this Court in W.P.No.15726 of 2016 dated 28.04.2016 by considering the representation dated 25.06.2025 and order in W.P.No.1229 of 2024 dated 23.01.2024 in time limit stipulated by this Court. For Petitioners : Mr.S.Mani 1/6

For Respondents : Mr.M.S.Prem Kumar Government Advocate

ORDER

The present writ petition is filed for a direction to the respondents to consider notional promotion to the petitioners as Forest Guard on a par with juniors by including their names in the panel drawn for the year 2003-2004 with effect from 31.05.2004 for the purpose of getting enhanced pension (Petitioners' service was regularized on a par with juniors only now) and in the light of order passed by this Court in W.P.No.15726 of 2016 dated 28.04.2016 by considering the representation dated 11.06.2025 and order in W.P.No.1229 of 2024 dated 23.01.2024 within a time frame fixed by this Court.

2. The case of the petitioners is that they were appointed as Plot Watcher on daily wage basis in the forest department on 27.04.1984, 01.04.1984 and 01.08.1983. In 1994, a Statewide Seniority List was prepared by the Government, in which, the petitioners' names were included. The service of juniors of the petitioners were regularized in the cadre post of Forest Watcher on 24.01.1995. Subsequently, the petitioners' juniors were given further promotion to the post of 2/6

Forest Guard on 31.05.2004. On 16.03.2017 and 02.03.2018, the service of the petitioners was regularized in the cadre of Forest Watcher notionally with effect from 24.01.1995 on the basis of orders of this Court in W.P.Nos.22755 and 22787 of 2014 dated 22.08.1995. Thereafter, the petitioners submitted a representation dated 11.06.2025 seeking consequential promotion as Forest Guard retrospectively on a par with their juniors by including their names in the panel for the year 20032004 and to promote them as Forest Guard from 17.06.2004 on a par with juniors. The said representation is still pending. Hence, the petitioners have filed the present writ petition.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioners submitted that, it would suffice, if this Court issues a direction to the first respondent to consider the petitioners' representation dated 11.06.2025 and pass appropriate orders on merits, within a particular time frame to be fixed by this Court.

4. The learned Government Advocate appearing for the respondents submitted that he has no objection for the said order being passed by this Court. 3/6

5. Heard the learned counsel on either side and perused the materials available on record.

6. Taking into consideration the factual aspects of the matter, this court, without going into the merits of the case, directs the first respondent, to consider the representation of the petitioners dated 11.06.2025, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7. The writ petition stands disposed of with the above directions. There will be no order as to costs.

10.10.2025 Speaking (or) Non Speaking Order mrn To 1The Principal Secretary to Government, Environment and Forests Department, Fort St.George, Chennai-600009.

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2.The Principal Chief Conservator of Forests, (Head of Forest Force), Velachery Main Road, Guindy, Chennai-600 032.

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A.D.JAGADISH CHANDIRA , J.

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