← Library
Madras High CourtWP/45622/2025allowed

R.Anbudoss v. The State Of Tamil Nadu

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 1.Anbudoss 2.J.Krishnamurthy 3.V.Ulaganathan 4.P.Muniyasamy 5.G.Veerabathiran 6.G.Ganesan Petitioner(s) Vs 1.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 Forest, (Head of Forest Force), Forest Head Quarters Building, Velachery Main Road, Guindy, Chennai-32.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus calling for the records in Ref.No.LL2/9403/2024 dated 03.12.2024 on the file of the second respondent and to quash the same with consequential direction to the respondents to regularize the petitioners service after completion of ten years from the date of initial appointment as Plot Watcher on daily wages for the purpose of getting pension and family pension in the light of the Hon'ble Supreme Court Judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and order in W.P.No.19023 of 2021 dated 09.09.2021 same was implemented by the Government in G.O. (2D) No.91, Environment, Climate Change and Forest (FR.2ii) Department

dated 30.06.2022 within time frame.

Ms.K.Jenitha Mr.C.Selvaraj Additional Government Pleader For Petitioners :

For Respondents:

ORDER

This writ petition has been filed calling calling for the records in Ref.No.LL2/9403/2024 dated 03.12.2024 on the file of the second respondent and to quash the same with consequential direction to the respondents to regularize the petitioners service after completion of ten years from the date of initial appointment as Plot Watcher on daily wages for the purpose of getting pension and family pension in the light of the Hon'ble Supreme Court Judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and order in W.P.No.19023 of 2021 dated 09.09.2021 same was implemented by the Government in G.O. (2D) No.91, Environment, Climate Change and Forest (FR.2ii) Department dated 30.06.2022 within time frame.

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.

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.LL2/9403/2024 dated 03.12.2024 is hereby quashed. The respondents are directed to consider the case of the petitioners 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. There shall be no order as to costs 24-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mrn

To 1.The 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 Forest, (Head of Forest Force), Forest Head Quarters Building, Velachery Main Road, Guindy, Chennai-32.

G.K.ILANTHIRAIYAN, J.

mrn 24-11-2025