P.M.Selvan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. P.M.Selvan

2. K.Chellappa

3. P.Dakshinamurthy

4. S.Karuppusamy

...Petitioners

-Vs1. The State Of Tamilnadu Represented By Its Additional Chief 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 Head Quarters Building, Velachery Main Road, Guindy, Chennai-32.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in G.O (2D) No.212, Environment, Climate Change and Forest FR 2(ii) Department dated 19.12.2023 on the file of the 1st Respondent and to quash the same with consequential direction to the respondents to regularize the petitioners service in the cadre post of Forest Watchers on par with their junior G. Venkatachalam with effect from 24.01.1995 in the light of the order 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.18771 of 2019 dated 30.08.2019 and extent the benefit of the order passed by the 1st respondent in G.O (2D) No.177, Environment, Climate Change and Forests (Fr.2 (ii) Department dated 14.11.2022 within time frame.

For Petitioners : M/s K.Jenitha For Respondents : Mr.C.Selvaraj Additional Government Pleader

ORDER

This writ petition has been filed challenging the Government order in G.O (2D) No.212, Environment, Climate Change and Forest FR 2(ii) Department dated 19.12.2023 and further, directing the respondents to regularize the petitioners service in the cadre post of Forest Watchers on par with their junior G. Venkatachalam with effect from 24.01.1995 in the light of the order 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.18771 of 2019 dated 30.08.2019 and extent the benefit of the order passed by the 1st respondent in G.O (2D) No.177, Environment, Climate Change and Forests (Fr.2 (ii)

Department dated 14.11.2022.

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

3. In similar matters, this Court considered the similar request in W.P.Nos.21349 of 2023 and batch dated 03.08.2023 and held as follows:- "7. Admittedly, the grievance of the writ petitioner is that he is seeking regularization of service for pensionary benefits. It is the contention of the writ petitioners that similarly persons have been given such benefits as per Government Orders in G.O.Ms.No.95, Environment and Forest Department, dated 07.08.2009, G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023 and G.O. [2D] No.9, dated 08.02.2022. Based on the Orders of this Court in W.A.No.2072 of 2018, dated 11.08.2021, the Government has issued the Government Order in G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023.

As per the above Government Orders, the relief has been extended to similarly placed persons. Hence, the respondents are directed to consider the case of the petitioners in the light the above Government Orders, as the benefit has been extended to similarly placed person.

soldiers in forest and they are main protectors of the forest. These facts cannot be disputed by any one. Hence, while passing the Orders, the Government shall take into consideration the nature of service rendered by the petitioners and also the fact that when similarly placed persons have already been granted the relief, if the petitioners are not granted such relief, the same is nothing but discrimination and it violates Article 14 of Constitution of India. In such view of the matter, the respondent shall extend the benefits as per above Government Orders as it is extended to similarly situated persons. ......"

4. In view of the above, the impugned order cannot be sustained and is liable to be quashed. Accordingly, G.O (2D) No.212, Environment, Climate Change and Forest FR 2(ii) Department dated 19.12.2023 on the file of the first respondent, is hereby quashed. The respondents are directed to pass appropriate orders in the light of the above order passed in W.P.Nos.21349 of 2023 and batch dated 03.08.2023 as the benefits have been extended to similarly placed persons, within a period of twelve weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is allowed. There shall be no order as to costs.

19.11.2025 (1⁄2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To

1. 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 Head Quarters Building, Velachery Main Road, Guindy, Chennai-32.

G.K.ILANTHIRAIYAN. J, mn 19.11.2025