G.Ramayee v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-11-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN and WMP No.48980 of 2025
1. G.Ramayee Petitioner(s) Vs
1. Government Of Tamilnadu Rep By Its Additional Chief Secretary, Environment And Forest Department, Fort St.George, Chennai-600 009 2.The Principal Chief Conservator Of Forests (Head Of Forest Force), Velachery Main Road, Guindy, Chennai-600 032 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus calling for the entire records which culminated in issuing Ref.No.LL1/9618/2024 dated 24.3.2025 on the file of the second respondent and quash the same and consequently directing respondents to regularize the service of petitioner husband after completion of ten years from date of initial appointment as a Plot Watcher on daily wages basis for the purpose of getting family pension in the light of Honble Supreme court Judgement delivered in CA No.
6789 of 2018 dated 2.9.2019 and order in WP No.21965 and etc, batch of 2023 dated 3.8.2023 same was implemented by the government in G.O.(2D) No.98 Environment, Climate Change and Forest (FR.2(II) Department dated 24.9.2024 and confer all consequential pensionary benefits.
Mr.S.Mani Mr.C.Selvaraj Additional Government Pleader For Petitioner :
For Respondents:
ORDER
This writ petition has been filed calling for the entire records which culminated in issuing Ref.No.LL1/9618/2024 dated 24.3.2025 on the file of the second respondent and quash the same and consequently directing respondents to regularize the service of petitioner husband after completion of ten years from date of initial appointment as a Plot Watcher on daily wages basis for the purpose of getting family pension in the light of Honble Supreme court Judgement delivered in CA No.6789 of 2018 dated 2.9.2019 and order in WP No.21965 and etc, batch of 2023 dated 3.8.2023 same was implemented by the government in G.O.(2D) No.98 Environment, Climate Change and Forest (FR.2(II) Department dated 24.9.2024 and confer all consequential pensionary benefits.
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.34977 of 2023. This Court, by an order dated 23.01.2024, allowed the writ petition and held as follows:
"5. In similar issues, the Hon'ble Supreme Court of India in the case of Prem Singh Vs State of Uttar Pradesh and others in C.A.No.6798 of 2019 dated 02.09.2019, held as follows:- " 35. There are some of the employees who have not been regularized in spite of having rendered theservices for 30-40 or more years whereas they have been superannuated.
As they have worked in the work-charged establishment, not against any particular project, their services ought to have been regularized under the Government instructions and even as per the decision of this Court in Secretary, State of Karnataka & Ors. v. Uma Devi 2006 (4) SCC 1. This Court in the said decision has laid down that in case services have been rendered for more than ten years without the cover of the Court's order, as one time measure, the services be regularized of such employees. In the facts of the case, those employees who have worked for ten years or more should have been regularized. It would not be proper to regulate them for consideration of regularisation as others have been regularised, we direct that their services be treated as a regular one. However, it is made clear that they shall not be entitled to claiming any dues of difference in wages had they been continued in service regularly before attaining the age of superannuation. They shall be entitled to
receive the pension as if they have retired from the regular establishment and the services rendered by them right from the day they entered the work-charged establishment shall be counted as qualifying service for purpose of pension."
6. Thus, it is clear that the petitioners are also entitled to be regularized in their services from the date on which they completes ten years of service as Plot Watcher for the purpose of getting pension".
4. In view of the above, the impugned order cannot be sustained and is liable to be quashed. Accordingly, Ref.No.LL1/9618/2024 dated 24.3.2025 is hereby quashed. The respondents are directed to consider the case of the petitioner and pass orders on merits and in accordance with law, in the light of the judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and the order passed in W.P.No.19023 of 2021 dated 09.09.2021, within a period of twelve weeks from the date of receipt of a copy of this order.
5. Accordingly, this writ petition is allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs 13-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mrn
To 1.The Additional Chief Secretary, Government Of Tamilnadu, Environment And Forest Department, Fort St.George, Chennai-600 009 2.The Principal Chief Conservator Of Forests (Head Of Forest Force), Velachery Main Road, Guindy, Chennai-600 032
G.K.ILANTHIRAIYAN, J.
mrn 13-11-2025