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Madras High CourtWP/46800/2025allowed

A. Ganesan 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 CJORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.46800 of 2025 and WMP.no.52240 of 2025 A.Ganesan

...Petitioner

-Vs1.THE STATE OF TAMIL NADU, REP. 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, JOINT FOREST MANAGEMENT, 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 relating to Ref.No.LL2/12275 /2023 dated 30.06.2023 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 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 second 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 : Mr.M.S.Prem Kumar, Government Advocate

ORDER

This writ petition has been filed to quash the order passed in Ref.No.LL2/12275 /2023 dated 30.06.2023 on the file of the 2nd respondent and to consequently 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 from 24.01.1995 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 second 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.

Heard, the learned counsel appearing on either side and perused all the materials placed before this Court. 3.

It is seen that a similarly placed person like the petitioner filed writ petition in W.P.No.18781 of 2019 before this Court and the writ petition was disposed of by order dated 30.08.2019. The directions issued by this Court was also implemented by the respondents. The relevant portion of the order is extracted hereunder:

4.

Similarly placed persons like the petitioner's husband 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.

5. In view of the above, the impugned order cannot be sustained and is liable to be quashed. Accordingly, G.O.(2D).No.26, Environment, Climate

Change and Forests (FR.2ii) Department, The Additional Chief Secretary to Government, dated 13.02.2023, is hereby quashed. the respondents are directed to consider the case of the petitioner's husband seeking regularization of his service as Forest Watcher from 24.01.1995 notionally for the purpose of getting pension by taking into account their seniority and qualification and 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.

4. In view of the above, the impugned order cannot be sustained and is liable to be quashed. Accordingly, the impugned order dated 30.06.2023 is hereby quashed. The respondents are directed to consider the case of the petitioner seeking 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 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.34556 of 2023 dated 23.01.2024, within a period of twelve weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

28.11.2025 (6/8) Index : Yes/No Speaking/Non Speaking order lok To 1.THE STATE OF TAMIL NADU, REP. 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, JOINT FOREST MANAGEMENT, VELACHERY MAIN ROAD, GUINDY, CHENNAI-32.

G.K.ILANTHIRAIYAN. J, lok 28.11.2025 (6/8)