Shanmuganathan N v. The Principal Chief Conservator Of Forests
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.15565 of 2025 and WMP (MD) Nos.11774 of 2025
1. Shanmuganathan N
2. Namburajan M
3. Rajamanickam S
4. Mahalingam S
5. Muthaiah A
6. Jebadurai A
7. Velusamy P
8. Karuppaiah C
9. Katturajan S
10. Dayalan M
11. Arumugam V
12. Ariarasan K
13. Arumugam R
14. Natarajan R 1/11
15. Manickam M
16. Appadurai M
17. Ganesan M
18. Kasi M
19. Selvan Jeevanantham G
20. Mari K
21. Murugan R
22. Chandrasekar S
23. Kombiah A
24. Vijayaram R
25. Muthu R
26. Poonchonai P
27. Sonai M.P
28. Balamani A
29. Chelladurai P
30. Murugesan K
31. Shanmugam A
32. Gunasekaran N
33. Kandasamy C
34. Rajagopal M 2/11
35. Alaguraj R
36. Ramar N
37. Valaiseenimuthu V
38. Karmegam K
39. Kavitha R
40. Civiyone
41. Saminathan P
42. Karuppan R
43. Sundarraj N
44. Subramanian N : Petitioners Vs.
1. The Principal Chief Conservator of Forests, Headquarters of Forest Department, Guindy - Velacherri Main Road, Near Kannigapuram Check Post, Guindy, Chennai - 600 032.
2. The District Forest Officer, District Collector Office, Ramanathapuram District - 623503.
3. The Divisional Forest Officer, Social Forestry and Forest Extension Division Ngo A Colony, Palayamkottai, Tirunelveli- 627 007.
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4. The Divisional Forest Officer, Social Forestry Division, 13, Master Plan Campus, Sivaganga -623 569.
5. The Divisional Forest Officer, Social Forestry and Forest Extension Division Machuvadi, Pudukottai, Thanjavur, Gandharvakottai, Pudukottai Road, Pudukottai - 622004.
6. The Divisional Forest Officer, Srivilliputhur Megamalai Tiger Reserve, Krr Nagar, Theni - 625531.
7. The District Forest Officer, Kodaikanal Division, Muthaliarpuram, Kodaikanal- 624 101.
8. The Divisional Forest Officer, Pf35 + 93f, Tirunelveli - Shencottai Road, Solaipuram, Ambasamudram - 627401.
9. The District Forest Officer, Court Campus, Tiruchirappalli Cantonment, (Near Sub Treasury) Trichy - 620001.
10. The District Forest Officer, Collectorate Campus, Dindigul - 624004 (Near Velunachiar Complex).
11. The District Forest Officer, Madurai Division, 4/11
Race Course Road, Madurai- 625 002.
: Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the 1st respondent to pass orders to pay the Minimum Wages to the petitioners as per order of the Division Bench of this Honble Court in W.A Nos. 2183/2012 dated 17.10.2012 and others as also followed in W.P (MD) Nos.3881 to 3884/2013 dated 14.09.2020 along with consequential payment of Dearness Allowance after due revision within stipulated time as may be fixed by this Court.
For Petitioners : Mr. V.O.S.Kalaiselvam For Respondents : Mr.K.Balasubramani Special Government Pleader
O R D E R
This Writ Petition has been filed seeking a direction to the first respondent to consider and pass appropriate orders for payment of Minimum Wages to the petitioners, in line with the judgment of the Hon'ble Division Bench in W.A. No.2183 of 2012 dated 17.10.2012 and the order in W.P.(MD) Nos.3881 to 3884 of 2013 dated 14.09.2020, along with consequential revision and payment of Dearness Allowance within a stipulated time frame.
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2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioners were appointed as Plot Watchers and Social Forestry Workers and served in the said posts for over 25 years. Throughout this period, they were paid a consolidated monthly wage of Rs.818/- on a continuous basis. Subsequently, their wages were revised and they were paid salaries on par with those of permanent employees. Pursuant to the judgment of the Hon'ble Division Bench of this Court in W.A. No.2183 of 2012 dated 17.10.2012, the petitioners submitted representations dated 27.07.2023, 25.01.2024, 27.10.2024 and 03.11.2024 to the respondents, requesting payment of minimum wages in accordance with G.O.(Ms.) No.82, Labour and Employment (J1) Department, dated 27.09.2002, and G.O.(Ms.) No.106, Environment and Forest (FR-2) Department, dated 21.09.2006. As no action has been taken on the said representations, the petitioners have filed the present writ petition seeking appropriate directions.
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4. The learned counsel for the petitioners would submit that, it would suffice, if this Court issues a direction to the respondents to consider the representations of the petitioners and pass appropriate orders, within a time frame that may be stipulated by this court.
5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
6. In the light of the above observations, there shall be a direction to the first respondent, to consider the petitioners representations dated 27.07.2023, 25.01.2024, 27.10.2024 and 03.11.2024, on its own merits and pass appropriate orders in accordance with law, in line with the judgment of the Hon'ble Division Bench of this 7/11
Court in W.A. No.2183 of 2012 dated 17.10.2012, after giving due opportunity to the petitioners, as well as all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
16.06.2025 Index : Yes / No 2/2 Internet : Yes / No PKN To
1. The Principal Chief Conservator of Forests, Headquarters of Forest Department, Guindy - Velacherri Main Road, Near Kannigapuram Check Post, Guindy, Chennai - 600 032.
2. The District Forest Officer, 8/11
District Collector Office, Ramanathapuram District - 623503.
3. The Divisional Forest Officer, Social Forestry and Forest Extension Division Ngo A Colony, Palayamkottai, Tirunelveli- 627 007.
4. The Divisional Forest Officer, Social Forestry Division, 13, Master Plan Campus, Sivaganga -623 569.
5. The Divisional Forest Officer, Social Forestry and Forest Extension Division Machuvadi, Pudukottai, Thanjavur, Gandharvakottai, Pudukottai Road, Pudukottai - 622004.
6. The Divisional Forest Officer, Srivilliputhur Megamalai Tiger Reserve, Krr Nagar, Theni - 625531.
7. The District Forest Officer, Kodaikanal Division, Muthaliarpuram, Kodaikanal- 624 101.
8. The Divisional Forest Officer, Pf35 + 93f, Tirunelveli - Shencottai Road, Solaipuram, Ambasamudram - 627401.
9. The District Forest Officer, Court Campus, Tiruchirappalli Cantonment, (Near Sub Treasury) Trichy - 620001.
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10. The District Forest Officer, Collectorate Campus, Dindigul - 624004 (Near Velunachiar Complex).
11. The District Forest Officer, Madurai Division, Race Course Road, Madurai- 625 002.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.15565 of 2025 16.06.2025 2/2 11/11