Madras High Court
The State Of Tamil Nadu vs S. Thandapani on 11 August, 2021
W.A.Nos.1838, 1839, 1988 & 2178 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.Nos.1838, 1839, 1988 & 2178 of 2018
and
C.M.P.Nos.14767, 14768, 15828 & 16890 of 2018
1. The State of Tamil Nadu,
Rep. by its Secretary to Government,
Environment and Forest Department,
Fort St. George,
Chennai - 9.
2. The Principal Chief Conservator of Forests,
Panagal Building,
Saidapet, Chennai-15.
3. The Forestry Extension Officer,
Forestry Extension Center,
Ulundurpet,
Villupuram District. .. Appellants in W.A.Nos.1838 &
1839 of 2018
1. The Principal Chief Conservator of Forests,
Office at Panagal Maaligai,
Saidapet, Chennai – 15.
2. The District Forest Officer,
Vellore, Vellore District. .. Appellants in W.A.No.1988/2018
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W.A.Nos.1838, 1839, 1988 & 2178 of 2018
1. Government of Tamilnadu,
Rep. by its Secretary,
Environment and Forest Department,
Fort St. George,
Chennai - 600 009.
2. The Principal Chief Conservator of Forests,
Panagal Building,
Saidapet, Chennai - 600 015.
3. The Divisional Forest Officer,
Social Forestry Division,
Salem Circle & District. .. Appellants in W.A.No.2178/2018
Vs.
S. Thandapani ..Respondent in W.A.No.1838/2018
P. Rajendran ..Respondent in W.A.No.1839/2018
M. Ravishankar ..Respondent in W.A.No.1988/2018
A.Sekar ..Respondent in W.A.No.2178/2018
Prayer in W.A.No.1838/2018: Writ Appeal filed under Clause 15 of Letters
Patent to set aside the order dated 22.09.2014 made in W.P.No.25681 of
2014 on the file of this Court.
Prayer in W.A.No.1839/2018: Writ Appeal filed under Clause 15 of Letters
Patent to set aside the order dated 22.09.2014 made in W.P.No.25697 of
2014 on the file of this Court.
Prayer in W.A.No.1988/2018: Writ Appeal filed under Clause 15 of Letters
Patent to set aside the order dated 24.09.2014 made in W.P.No.25991 of
2014 on the file of this Court.
Prayer in W.A.No.2178/2018: Writ Appeal filed under Clause 15 of Letters
Patent to set aside the order dated 17.09.2014 made in W.P.No.25276 of
2014 on the file of this Court.
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W.A.Nos.1838, 1839, 1988 & 2178 of 2018
****
For Appellants : Mr.R.Neelakandan
in all W.As. State Government Counsel
For Respondent : Ms.K.Jenitha
in all W.As.
****
COMMON JUDGMENT
[delivered by PUSHPA SATHYANARAYANA, J.]
These appeals are preferred by the Government against the order
passed in a batch of writ petitions seeking issuance of mandamus directing
the appellants to appoint the petitioners in the cadre post of Forest
Watcher by giving relaxation with respect to height by extending the
benefit of G.O.(2D) Ms.No.56, Environment and Forest Department, dated
06.09.2006.
2. In a similar writ appeal, this Court, by order dated 20.01.2015 in
W.A.No.1703 of 2014 had passed the following order:
“There is no dispute that to be a Forest Watcher, one
should possess physical requirement of height of 163 cms. and 79
cms. of chest with 5 cms. expansion. It appears that in the case
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W.A.Nos.1838, 1839, 1988 & 2178 of 2018
of the writ petitioner/respondent herein, there is no deficiency in
chest measurement. However, there is some deficiency in his
height. The appellants have failed to establish as to how the
deficiency in his height would substantially affect his performance,
especially, when he has been working as Plot Watcher for the last
25 years. The appellants had, indisputably, granted the benefit to
other employees. Thus, in the light of the same, we are of the
considered view that the order passed by the Writ Court, which is
sought to be impugned in the instant appeal, does not warrant
interference in the facts of the case. However, we make it clear
that the question of law involved in the case on hand is left open
to be decided in the appropriate case.”
3. The said decision was based on the decision of the Hon'ble
Supreme Court in Ghan Sham Sunder and Others vs. State of Punjab
and Others, reported in (2004) 9 SCC 508. Admittedly, these writ
petitioners were engaged by the department from the year, 1985 and they
were also regularised on 07.08.2009.
4. Considering the length of service rendered by them they should
also be appropriately considered for relaxing the height required for the
said post. Accordingly, the benefit of the order in W.A.No.1703 of 2014 is
extended to the respondents herein also.
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W.A.Nos.1838, 1839, 1988 & 2178 of 2018
5. In view of the above, these Writ Appeals are dismissed. No costs.
Consequently, the connected miscellaneous petitions are closed.
[P.S.N. J.] [K.R. J.]
11.08.2021
Index : Yes / No
Internet : Yes/No
Speaking/Non speaking order
rsi
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W.A.Nos.1838, 1839, 1988 & 2178 of 2018
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
W.A.Nos.1838, 1839, 1988
& 2178 of 2018
and
C.M.P.Nos.14767, 14768, 15828
& 16890 of 2018
11.08.2021
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