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Madras High CourtWP/46834/2025allowed

B.Mohanraj v. The State Of Tamil Nadu,

2025-11-28Honourable Mr Justice G.K. Ilanthiraiyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2025 CJORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.46834 of 2025 and WMP.no.52278 of 2025 B.Mohanraj

...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 in GO (2D) No. 96 , Environment, Climate Change and Forest (FR.2.ii) Department, dated 8.07.2022 of the 1st respondent and quash the same in so far as regularization of the petitioner's service with effect from 24.01.1995 instead of 8.3.1999 and further direction directing the

respondents to consider the notional regularization to the petitioner as Forest Watcher with effect from 24.1.1995 instead of 8.03.1999 for the purpose of getting revised pension on par with juniors same was done in similarly placed persons in G.O.(2D)No. 177 Environment, Climate Change and Forest (FR.2.II) Department, dated 14.11.2022 within time limit to be stipulated by this court For Petitioner : M/s.K.Jenitha For Respondents : Mr.Ananda Kumar, Government Advocate

ORDER

This writ petition has been filed to quash the order passed in GO (2D) No.96 , Environment, Climate Change and Forest (FR.2.ii) Department, dated 8.07.2022 of the 1st respondent in so far as regularization of the petitioner's service with effect from 24.01.1995 instead of 8.3.1999 and further to direct the respondents to consider the notional regularization to the petitioner as Forest Watcher with effect from 24.1.1995 instead of 8.03.1999 for the purpose of getting revised pension on par with juniors same was done in similarly placed persons in G.O.(2D)No. 177 Environment, Climate Change and Forest (FR.2.II) Department, dated 14.11.2022 within time limit to be stipulated by this court

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.19373 of 2024 before this Court and the writ petition was disposed of by order dated 11.07.2024. The directions issued by this Court was also implemented by the respondents. The relevant portion of the order is extracted hereunder:

7. As rightly pointed out by the learned counsel for the petitioners, originally, the eligibility for the cadre post of Forest Watcher was only the ability to read and write in Tamil, along with a height of 163 cms. By way of the Government Order in G.O. (Ms) No. 332, Environment and Forests (FR. VI) Department, dated 22.12.1994, the minimum general education qualification, i.e., SSLC, was fixed for the post of Forest Watcher. After the filing of the application before the Tamil Nadu Administrative Tribunal, the Government itself cancelled the said Government Order and issued G.O. (Ms) No. 64, Environment and Forests (V2) Department, dated 08.03.1999, thereby cancelling G.O. (Ms) No. 332, Environment and Forests (FR. VI)

Department, dated 22.12.1994, and G.O. Ms. No. 297, Environment & Forests (FR. 2) Department, dated 28.11.1994.

8. On a perusal of the Tamil Nadu Forest Subordinate Services Rules for the category of Forest Watcher, the method of recruitment is by direct recruitment and appointment from Social Forestry Workers and Plot Watchers, with the qualification being the ability to read and write in Tamil, and physical requirements of not less than 79 cm round the chest on full expiration, a height of not less than 163 cm, and a chest expansion of not less than 5 cm on full inspiration. Accordingly, all the petitioners are qualified and eligible for the post of Forest Watchers.

9. As per seniority, their juniors were posted to the post of Forest Watchers pursuant to G.O. (Ms) No. 332, Environment and Forests (FR. VI) Department, dated 22.12.1994. After cancelling the said Government Order, the petitioners are also entitled to be posted to the post of Forest Watchers on par with their juniors. That apart, as per G.O (2D) No. 177, Environment, Climate Change and Forests (FR.2ii) Department, dated 14.11.2022, similarly placed persons, viz., V. Subramani and 29 others, were given notional promotion to the post of

Forest Watcher from 24.01.1995.

10. In view of the above, the Government Orders in G.O.(2D) No.134, Environment, Climate Change and Forests (FR.2(ii)) Department, dated 16.06.2023 and G.O.(2D) No.01, Environment Forest (FR.2(II)) Department, dated 01.01.2021 are quashed, insofar as the regularization of the petitioners- service with effect from 24.01.1995 instead of 08.03.1999. The respondents are directed to notionally regularize the petitioners as Forest Watchers with effect from 24.01.1995, for the purpose of revised pension, on par with their juniors, as per Tamil Nadu Forest Subordinate Services Rule 5 Class11 (4)(ii), within a period of eight weeks from the date of receipt of a copy of this order.

11. In the result, these Writ Petitions are allowed. Consequently, connected Miscellaneous Petitions are closed. No costs.

4. In view of the above, the impugned order cannot be sustained and is liable to be quashed. Accordingly, the impugned order dated 08.07.2022 is hereby quashed insofar as regularization of the petitioner's service with effect from 24.01.1995 instead of 8.3.1999. The respondents are directed to consider the notional regularization to the petitioner as Forest Watcher with effect from 24.1.1995 instead of 8.03.1999 for the purpose of getting revised pension on par with juniors in the light of G.O.

(2D)No. 177 Environment, Climate Change and Forest (FR.2.II) Department, dated 14.11.2022 and the order passed in W.P.No.19373 of 2024 dated 11.07.2024 and to pass orders on merits and in accordance with law, within a period of eight 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 (2/3) 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 (2/3)