Madras High CourtWP/39718/2025disposed of

S.Shanmugam, v. The Government Of Tamil Nadu

2025-10-25Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN S.Shanmugam .....

Petitioner Vs

1. The Government of Tamil Nadu, Rep. by its Principal Secretary, Environment, Climate Change and Forest Department, Secretariat, Chennai-600 009.

2. The Principal Chief Conservator, Forest Head Quarters Building, Guindy, Chennai-600 032.

3. The District Forest Officer, District Forest Office, Jaya Nagar, Collectorate Complex, G.V.T.Naidu Salai, Tiruvallur-602 001.

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4. The Forest Range Officer, Office of the Principal Chief Conservator, Forest Headquarters Building, Guindy, Chennai-600 032.

.....

Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 to 4 to notionally promote the petitioner to the cadre post of Forest Guard as per the State Wide Seniority List published on 18.04.2017 with effect from the year 2009 and as per the proceedings of the 3rd respondent in Na.Ka.No.6843/2020/Pa2, dated 28.03.2024 thereby directing the respondents 2 to 4 to provide consequential and monetary benefits to the petitioner as per the promotional post within a time limit fixed by this Honoruable Court For Petitioner : Mrs.N.Lavanya For Respondents : Mr.C.Selvaraj Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents 2 to 4 to consider the case of the petitioner for promotion to the cadre post of Forest Guard, notionally as per the Statewide Seniority List published on 18.04.2017, with effect from the year 2009, and as per the proceedings of the third respondent dated 28.03.2024. 2/6

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

3. The petitioner was appointed as a Plot Watcher on 04.01.1987 on daily wage basis. Even after completion of 34 years of service, he was not brought under the regular time scale of pay. Further, the petitioner was not considered for promotion to the next higher post of Forest Reserve Watcher. Though the petitioner's name was included in the Statewide Seniority List at Serial No.5048, he was neither regularized nor granted the next level of promotion. Therefore, the petitioner submitted a representation.

4. The fourth respondent, by proceedings dated 17.02.2011, forwarded the representation to the second respondent to regularise the petitioner's service, since he had completed ten years of service as a Plot Watcher. Thereafter, the petitioner repeatedly submitted representations. In fact, on receipt of such representations, the third respondent, by proposal dated 19.04.2018, forwarded a request to the second respondent to promote 3/6

the petitioner to the post of Forest Guard on completion of 10 years of his service as a Plot Watcher.

5. While being so, a revised Statewide Seniority List was published on 18.04.2017. However, the petitioner's name was omitted and he has not been promoted till date, whereas several persons, who joined service after the petitioner, have already been promoted to the post of Forest Guard. Further, the third respondent, by proceedings dated 28.03.2024, forwarded the seniority list to the second respondent, but the same is still pending consideration on the file of the second respondent.

6. In view of the above, the second respondent is directed to consider the case of the petitioner for notional promotion in the cadre post of Forest Guard, as per the Statewide Seniority List and in the light of the proceedings of the third respondent dated 28.03.2024, 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. 4/6

7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

25.10.2025 Index:Yes/No Speaking/Non speaking Lpp To

1. The Principal Secretary, Environment, Climate Change and Forest Department, Secretariat, Chennai-600 009.

2. The Principal Chief Conservator, Forest Head Quarters Building, Guindy, Chennai-600 032.

3. The District Forest Officer, District Forest Office, Jaya Nagar, Collectorate Complex, G.V.T.Naidu Salai, Tiruvallur-602 001.

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G.K.ILANTHIRAIYAN, J.

Lpp

4. The Forest Range Officer, Office of the Principal Chief Conservator, Forest Headquarters Building, Guindy, Chennai-600 032.

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