Madras High CourtWP/45335/2025disposed of

Madhu v. State Of Tamilnadu

2025-11-24Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN Madhu ....

Petitioner Vs 1.STATE OF TAMILNADU, REP. BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, ENVIRONMENT, CLIMATE CHANGE AND FOREST DEPARTMENT, FORT ST. GEORGE, SECRETARIAT, CHENNAI-600 009. 2.THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, HEAD OF FOREST FORCE, VELACHERRY MAIN ROAD, GUINDY, CHENNAI-600 032.

3.THE DISTRICT FOREST OFFICER, DHARMAPURI FOREST DIVISION, DHARMAPURI -5, DHARMAPURI DISTRICT 4.THE ACCOUNTANT GENERAL OF TAMIL NADU, OFFICE OF THE ACCOUNTANT GENERAL, ANNA SALAI, TEYNAMPET, CHENNAI-18 ....

Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing respondents 1 to 3 to regularize the service of petitioner's husband as Forest Watcher from the date on which completing ten years of service as Plot watcher on daily wage basis for the purpose of getting family pension in the light of the Hon'ble 1/6

Supreme Court Judgment reported in (2019) 10 SCC 516 and confer all consequential Pensionary benefits from the date of the death by sending the proposal to the 4th respondent for granting family pension with all consequential benefits For Petitioner : Mr.M.Logesh For Respondents : Mr.C.Selvaraj, Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to respondents 1 to 3 to regularize the service of petitioner's husband as Forest Watcher from the date on which completing ten years of service as Plot watcher on daily wage basis for the purpose of getting family pension in the light of the Hon'ble Supreme Court Judgment reported in (2019) 10 SCC 516 and confer all consequential Pensionary benefits from the date of the death by sending the proposal to the 4th respondent for granting family pension with all consequential benefits 2.

The issue involved in this writ petition has already been dealt with by this Court in WP.no.19411 of 2023 and this Court by order dated 07.08.2023, issued a direction to regularize the services of the petitioner 2/6

therein as Plot Watcher. The relevant portion of that order is extracted hereunder:

"6. Admittedly, the grievance of the writ petitioners are seeking regularization of service of petitioners 1 and 2 and husband of the third petitioner for pensionary benefits. It is the contention of the writ petitioners that similarly situated persons have been given such benefits as per Government Orders of this Court in W.P.No.19023 of 2021 and the same was accepted by the Government and issued Government Order in G.O.Ms.No.91, Forest Department dated 30.06.2022. Hence, the respondents ought to have considered the claim of the petitioners 1 & 2 and the third petitioner's husband to regularize their service after completion of ten years from the date of initial appointment as a Plot Watcher on daily wage basis for the purpose of getting pension and family pension in the light of the judgment of the Apex Court in C.A.No.6798 of 2019 dated 02.09.2019 and Order in W.P.No.19023 of 2021 dated 09.09.2021. As per the above Orders, the relief has been extended to similarly placed persons.

7. In such view of the matter, the respondents are directed to consider the case of the petitioners in the light of the judgment of the Apex Court and Orders of this Court 3/6

and as per the above Government Order, as the benefit has been extended to similarly placed person. In fact, the plot watchers are frontline 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 1 and 2 and the husband of the third petitioner 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 Order as it is extended to similarly situated persons.

8. As far as the Writ Petitions in W.P.Nos.9835 & 19135 of 2021 and W.P.No. 19411 of 2023 are concerned, the respondents are directed to extend the benefits to the petitioners and insofar as Writ Petitions in W.P.Nos.30267 of 2022 and 19406 of 2023 are concerned, the respondents are directed to regularize the services of the first petitioner and husband of the petitioners 2 to 4; petitioners 1 & 2 and husband of the third petitioner respectively as Plot Watchers as per the above Government Order as it is extended to similarly situated persons. Such an exercise shall be completed within a period of six months from the date of 4/6

receipt of a copy of this Order.

Therefore, the same order can be passed in this writ petition as well. Accordingly, the respondents are directed to regularize the services of the husband of the petitioner as Forest Watcher as per the aforementioned Government Order as it is extended to similarly situated persons. Such an exercise shall be completed within a period of six months from the date of receipt of a copy of this Order.

With the above direction, this writ petition is disposed of. There shall be no order as to costs.

24.11.2025 Index:Yes/No Speaking/Non speaking lok 5/6

G.K.ILANTHIRAIYAN, J.

lok To 1.STATE OF TAMILNADU, REP. BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, ENVIRONMENT, CLIMATE CHANGE AND FOREST DEPARTMENT, FORT ST. GEORGE, SECRETARIAT, CHENNAI-600 009. 2.THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, HEAD OF FOREST FORCE, VELACHERRY MAIN ROAD, GUINDY, CHENNAI-600 032.