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Madras High CourtWP/45931/2025allowed

S.Thangarasu v. The State Of Tamilnadu

2025-11-25Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.45931 of 2025 and WMP.No.51222 of 2025 1.S.THANGARASU 2.T. KANTHASAMY 3.K. MUNEESWARAN 4.M. PERIYATHAMBI ... Petitioners Vs.

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

... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records in G.O. (2D) No.64, Environment, Climate Change and Forest (FR.2(ii)) Department, dated 18.06.2024 on the file of the 1st Respondent and to quash the same and consequently directing the respondents to regularize 1/6

the petitioners services in the cadre post of Forest Watcher for the purpose of getting pension by giving relaxation in respect of height on par with their Junior K. Annadurai S.No.4686 with effect from 24.01.1995 in the light of the order passed in W.P. No.9708 of 2014 dated 12.09.2014 same was confirmed by the Division Bench in W.A. No.1703 of 2014 dated 20.01.2015 W.A. No.1838 and 1839 of 2018 dated 11.08.2021 and implementation order passed by the 1st Respondent in G.O. (2D) No.28 Environment, Climate Change and Forest (FR.2(ii)) Department, dated 05.03.2024 with all consequential benefits For Petitioners : M/s.K.Jenitha For Respondents : Mr.C.Selvaraj, Additional Government Pleader

O R D E R

This writ petition has been filed challenging the order passed in in G.O. (2D) No.64, Environment, Climate Change and Forest (FR.2(ii)) Department, dated 18.06.2024 on the file of the 1st Respondent and consequently to direct the respondents to regularize the petitioners' services in the cadre post of Forest Watcher for the purpose of getting pension by giving relaxation in respect of height on par with their Junior 2/6

K. Annadurai S.No.4686 with effect from 24.01.1995 in the light of the order passed in W.P. No.9708 of 2014 dated 12.09.2014, same was confirmed by the Division Bench in W.A. No.1703 of 2014 dated 20.01.2015 W.A. No.1838 and 1839 of 2018 dated 11.08.2021 and implementation order passed by the 1st Respondent in G.O. (2D) No.28 Environment, Climate Change and Forest (FR.2(ii)) Department, dated 05.03.2024 with all consequential benefits.

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 3/6

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. 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 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 4/6

sustained and is liable to be quashed. Accordingly, the impugned order dated 18.06.2024 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 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. In the result, this writ petition stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

25.11.2025 (2/2) Index: Yes/No Speaking/Non-speaking order lok 5/6

G.K.ILANTHIRAIYAN, J.

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

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