R.Ganesan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No. 51672 of 2025 1.R.Ganesan 2.S.Manjini
...Petitioners
-Vs1.Government of Tamil Nadu 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-32.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, call for the records in Ref. No. LL3/ 1026/ 2024 dated 03.10.2024 on the file of the 2nd respondent and quash the same with consequential direction to the respondents to regularize the petitioners service in the cadre of forest watcher for the purpose of getting minimum pension by giving relaxation in respect of height on par with their junior M.Narayanasamy (SWS No. 5372) for the purpose of pension 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 & 1839 of 2018 dated 11.08.2021 and extent the benefit of the
order passed by the first respondent in G.O.(2D) No.127 Environment, Climate Change and Forests (FR.2(ii) Department dated 03.06.2023 with all consequential benefits within a time frame.
For Petitioners : M/s.K.Jenitha For Respondents : Mr.C.Selvaraj Additional Government Pleader
ORDER
This writ petition has been filed has been filed challenging the order dated 03.10.2024 passed by the second respondent, thereby rejecting the request made by the petitioner and consequently to direct the respondents to regularize the petitioners service in the cadre of Forest Watcher for the purpose of getting minimum pension by giving relaxation in respect of height as the same was allowed for similarly placed persons like the petitioner, in the light of the order passed by this court in W.P.No.21349 & etc., batch of 2023 dated 03.08.2023 2.
Heard, the learned counsel appearing 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. 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 judgment, the impugned order cannot be sustained and is liable to be set aside. Accordingly, the impugned order passed by the second respondent dated 03.10.2024 is hereby set aside. The respondents are directed to consider the representation submitted by the petitioners, in the light of the above order passed in W.P.Nos.21349 of 2023 & etc., batch dated 03.08.2023, as the benefits have been extended to similarly placed persons and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
27.11.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp
To 1.The Additional Chief Secretary, Government of Tamil Nadu 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-32.
G.K.ILANTHIRAIYAN. J, Lpp 27.11.2025