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Madras High CourtWP/46847/2025allowed

A.Velu, 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.46847 of 2025 and WMP.No.52304 of 2025 A.Velu

...Petitioner

-Vs1.THE STATE OF TAMIL NADU, REP., BY ITS ADDL. 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 G.O.(2D)No.102, Environment, Climate Change and Forests(FR.2(ii)) Department, dated 25.09.2024 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 08.03.1999 and further direction

directing the respondents to consider the notional regularization to the petitioner as Forest Watcher with effect from 24.01.1995 instead of 08.03.1999 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 Forests(FR.2II) 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 G.O. (2D)No.102, Environment, Climate Change and Forests(FR.2(ii)) Department, dated 25.09.2024 of the 1st respondent in so far as regularization of the petitioner's service with effect from 24.01.1995 instead of 08.03.1999 and further to direct the respondents to consider the notional regularization to the petitioner as Forest Watcher with effect from 24.01.1995 instead of 08.03.1999 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 Forests(FR.2II) 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 similarly placed persons like the petitioner filed writ petition in W.P.No.28217 of 2023 before this Court and the writ petition was disposed of by order dated 29.09.2023. The directions issued by this Court was also implemented by the respondents. The relevant portion of the order is extracted hereunder:

"5.Admittedly, the grievance of the writ petitioners is that they are 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 have 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 persons. 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 to the petitioners, as it is extended to similarly situated persons. Such an exercise shall be completed within a period of six months from the date of receipt of a copy of this Order.

6.With the above directions, the impugned Order dated 02.05.2023 is set aside. Accordingly, this writ petition is disposed of. 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 25.09.2024 is hereby quashed. The respondents shall extend the benefits as per above Government Orders to the petitioner, as it is extended to

similarly situated persons. Such an exercise shall be completed within a period of six months from the date of receipt of a copy of this Order. 6.With the above direction, this writ petition is allowed. Consequently, connected miscellaneous petition is closed. No costs. 28.11.2025 (1/3) Index : Yes/No Speaking/Non Speaking order lok To 1.THE STATE OF TAMIL NADU, REP., BY ITS ADDL. 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 (1/3)