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Madras High Court/43817/2025allowed

R.Sekar v. The State Of Tamilnadu

2025-11-137 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.43817 of 2025, 1377 of 2024, 12550, 13913, 20464, 24954, 31338 and 30357 of 2025 and WMP No.23094 of 2025 W.P.No.43817 of 2025 1.R.Sekar 2.V.Arumugam 3.S.Palani 4.K.Mani 5.M.Periyasamy 6.K.Chinnaramaiah -Vs1.The State of Tamil Nadu, Represented by its Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George, Chennai-9.

2. The Principal Chief Conservator of Forests, (Head of Forest Force), Forest HQ Building, Guindy, Chennai-600 032. ... Respondents 1/7

Prayer:Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records in LL1/1693 dated 05.04.2023 on the file of the second respondent and to quash the same and consequently directing the respondents to appoint the petitioners in the cadre post of Forest Watchers for the purpose of getting pension on par with their junior namely R.Mani, S.No.4920 with effect from 24.01.1995 and in the light of the orders passed by this Court in W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009, W.P.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 29.03.2010 and proceedings of the second respondent dated 07.01.2011 and order in W.P.No.34556 of 2023 dated 23.01.2024 with all consequential benefits within time frame.

For Petitioner : Ms.K.Jenitha in all WPs For Respondents : Mr.C.Selvaraj Additional Government Pleader in W.P.No.43817 of 2025 Dr.T.Seenivasan Special Government Pleader in W.P.Nos.1377 of 2024, 12550, 13913, 20464, 24954, 31338 and 30357 of 2025 2/7

C O M M O N O R D E R These writ petitions have been filed challenging the orders passed by the first and second respondent dated 05.04.2023, 09.02.2023, 27.04.2023, 30.05.2023, 18.07.2023, 06.10.2023, 01.01.2021 and 25.01.2025 respectively, thereby rejecting the requests made by the petitioners seeking regularization of service in the cadre of Forest Watcher on par with their juniors with effect from 24.01.1995/08.03.1999. 2.

Heard, the learned counsel appearing on either side and perused the materials placed before this Court.

3.

A similar issue has already been dealt with by this Court in W.P.No.34556 of 2023. This Court, by an order dated 23.01.2024, allowed the writ petition and held as follows :

"4. Similarly placed persons like the petitioner's husband filed writ petitions in W.P.No.15561 of 2006 and 23374 of 2008 before this Court and the writ petitions were disposed of with a direction to consider their claim for appointment as Forest Watcher on par with their juniors. Aggrieved over the said order, the respondents filed writ 3/7

appeals in W.A.Nos.690 of 2008 and 607 of 2010 and both the appeals were dismissed. In view of the above said orders, the petitioner also filed representation.

5. In view of the above, the impugned order cannot be sustained and is liable to be quashed. Accordingly, G.O. (2D) No.26, Environment, Climate Change and Forests (FR.2ii) Department, the Additional Chief Secretary to Government, dated 13.02.2023, is hereby quashed. The respondents are directed to consider the case of the petitioner's husband seeking regularization of his service as Forest Watcher from 24.01.1995 notionally for the purpose of getting pension by taking into account their seniority and qualification and pass orders on merits and in accordance with law, in the light of the orders passed in W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009, W.P.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 29.03.2010 and proceedings of the second respondent dated 07.01.2011 and order in W.P.No.19020 of 2021 dated 09.09.2021, within a period of twelve weeks from the date of receipt of a copy of this order." 4.

In view of the order passed by this Court in W.P.No.34556 of 2023, dated 23.01.2024, the petitioners are also entitled to the same relief. Therefore, the orders passed by the first and second respondents cannot be 4/7

sustained and are liable to be quashed.

5.

Accordingly, the orders dated 05.04.2023, 09.02.2023, 27.04.2023, 30.05.2023, 18.07.2023, 06.10.2023, 01.01.2021 and 25.01.2025 passed by the first and second respondents are hereby quashed. The respondents are directed to consider the case of petitioners seeking regularization of their service as Forest Watcher with effect from 24.01.1995/08.03.1999 notionally by taking into account their seniority and qualification and pass 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. 6.

With the above directions, the Writ Petitions stand allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

13.11.2025 Index:Yes/No Speaking Order/Yes/No mrn Note: Registry is directed to incorporate cause title for all the cases and issue order copy.

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To The Secretary to Government, The State of Tamil Nadu, Environment, Climate Change and Forest Department, Fort St.George, Chennai-9.

2.The Additional Chief Secretary to Government, The State of Tamil Nadu, Environment, Climate Change and Forest Department, Fort St.George, Chennai-9.

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

3.The Principal Chief Conservator of Forests & (Head of Department), Joint Forest Management, Velachery Main Road, Guindy, Chennai-600 032.

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G.K.ILANTHIRAIYAN, J.

mrn W.P.No.43817 of 2025, 1377 of 2024, 12550, 13913, 20464, 24954, 31338 and 30357 of 2025 13.11.2025 7/7