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Madras High CourtWP/46793/2025allowed

K.Selvaraj v. The State Of Tamil Nadu,

2025-11-28Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Selvaraj

...Petitioner

-Vs1.THE STATE OF TAMIL NADU, Rep., by its Additional Chief 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, 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 realting to Ref. No LL2/ 19386 / 2024 dated 25.01.2025 on the file of the 2nd respondent and to quash the same and consequently directing the respondents to appoint the petitioner in the cadre post of Forest Watchers for the purpose of getting pension on par with his junior with effect from 24.01.1995 / 08.03.1999 and in the light orders 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 2nd respondent dated 07.01.2011 and Order in W.P.No.34556 of 2023 dated 23.01.2024 with all consequential benefits within time frame For Petitioner : M/s.K.Jenitha For Respondents : Dr.T.Seenivasan, Special Government Pleader

ORDER

This writ petition has been filed to quash the order passed in Ref. No LL2/ 19386 / 2024 dated 25.01.2025 on the file of the 2nd respondent and to direct the respondents to appoint the petitioner in the cadre post of Forest Watchers for the purpose of getting pension on par with his junior with effect form 24.01.1995 / 08.03.1999 and in the light orders 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 2nd respondent dated 07.01.2011 and Order in W.P.No.34556 of 2023 dated 23.01.2024 with all consequential benefits within time frame. 2.

The petitioner joined in service as Plot Watcher/Village Social Forestry Worker on daily wage basis. After rendering two decades

of service, the petitioner was brought into the regular time scale of pay in the cadre of Forest Watcher in 2014. In the year 1994 itself, the Government issued G.O.Ms.No.332, Environment and Forest Department, dated 22.12.1994 imposing a new condition of pass in S.S.L.C for holding regular post of Forest Watcher. Aggrieved by this G.O., Application No.197 of 1995 was filed before the Tamil Nadu Administrative Tribunal. During the pendency of the O.A., the Government restored the qualification of ability to read and write instead of a pass in S.S.L.C by G.O.Ms.No.64, E & F Department, dated 08.03.1999 and also for preparation of State Wide Seniority List.

Therefore, the petitioner submitted repeated representations to the respondents for fixation of seniority on par with juniors, but the claims were not considered at the earliest point of time and far juniors marched over him. Though the respondents appointed the petitioner as Forest Watcher in 2014 with effect from the date of order, but the seniority and the claim for appointment on par with the juniors was not considered. The petitioner sent the last representation on 26.11.2021 and filed writ petition in W.P.No.18825 of 2024 and the same was disposed on 09.07.2024 with a direction to consider and pass orders on merits and in accordance with law.

has erroneously rejected the claim by the impugned order dated 25.01.2025.

3. It is seen that similarly placed persons like the petitioner filed writ petitions in W.P.Nos.15561 of 2006 and 23374 of 2008 before this Court and the writ petitions were disposed of with a direction to consider their claim for appointment as Forest Watcher on par with their juniors. Aggrieved over the said order, the respondents filed writ appeals in W.A.Nos.690 of 2008 and 607 of 2010 and both the appeals were dismissed. In view of the above said orders, the petitioner also filed representation.

4. In view of the above, the impugned order cannot be sustained and is liable to be set aside. Accordingly, the impugned order dated 25.01.2025 is set aside in respect of the petitioner. The respondents are directed to consider the case of the petitioner seeking to appoint him in the cadre post of Forest Watchers for the purpose of getting pension on par with his junior with effect form 24.01.1995 / 08.03.1999 and to pass orders on merits and in accordance with law, in the light of the orders passed 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.19020 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.

28.11.2025 (1/8) Index : Yes/No Speaking/Non Speaking order lok To 1.THE STATE OF TAMIL NADU, Rep., by its Additional Chief 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, VELACHERY MAIN ROAD, GUINDY, CHENNAI-32

G.K.ILANTHIRAIYAN. J, lok 28.11.2025 (1/8)