Madras High Court
M.Venkatesh vs Government Of Tamil Nadu on 22 January, 2021
Writ Appeal No.1553 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
AND
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Writ Appeal No.1553 of 2019
M.Venkatesh
S/o.Late K.Mahalingam ... Appellant
vs
1.Government of Tamil Nadu,
represented by its
Principal Secretary to Government,
Environment and Forest Department,
Fort St.George, Chennai – 600009.
2.The Principal Chief Conservator of Forests,
Head of Forest Force,
No.1, Genies Road,
Panagal Maligai,
Saidapet, Chennai – 15.
1/8
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Writ Appeal No.1553 of 2019
3.The District Forest Officer/
Forest Extension Officer,
Krishnagiri Forest Extension Division,
Krishnagiri,
Krishnagiri District. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act against the order
passed in W.P.No.26729 of 2018 dated 21.03.2019.
For Appellant : Mr.M.R.Jothimanian
For Respondents : Mr.S.Prabhu
Additional Government Pleader
*****
JUDGMENT
[Judgment of the Court was delivered by R.SUBBIAH, J]
This matter is heard through Video Conference.
2. This appeal has been filed against the order of this Court dated
21.03.2019 passed in W.P.No.26729 of 2018, wherein the prayer of appellant
herein to direct the respondents to appoint him as Forest Watcher or any other
suitable post in the Forest Department of the third respondent division, in order to
protect his family livelihood, was rejected.
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Writ Appeal No.1553 of 2019
3. The brief facts, which are necessary to decide this appeal, are as follows:
Appellant's father, namely, K.Mahalingam, was appointed as Plot Watcher
on 01.04.1981 and was working in the Rasipuram Social Forestry Range of the
third respondent Division and thereafter, he was re-appointed as Plot Watcher
based on the order of second respondent dated 31.07.2007 and his name was also
included in the State wide seniority list in Sl.No.1182. While so, all of a sudden,
appellant's father died on 25.06.2009 due to sudden illness. Appellant's father
worked in the Department more than 28 years. Subsequent to the death of
appellant's father, first respondent issued G.O.Ms.No.95 dated 07.08.2009
regularizing the service of appellant's father based on the seniority as Plot Watcher
in the regular post under the Tamil Nadu Forest Subordinate Service Rules.
Appellant studied +2 standard and the same was registered in the employment
exchange. Appellant's mother approached the respondents on 21.07.2010 seeking
employment for the appellant under compassionate ground as Forest Watcher. But,
the same was not considered. Hence, appellant submitted a representation dated
25.10.2010 seeking employment on compassionate ground. Since there was no
response, appellant submitted another representation dated 05.06.2017. Till date,
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Writ Appeal No.1553 of 2019
the representations were pending. Since no action was taken on the representations
of appellant, he preferred W.P.No.26729 of 2018 seeking a direction to
respondents to appoint him as Forest Watcher or any other suitable post in the
Forest Department of the third respondent division, in order to protect his family
livelihood. This Court, under order dated 21.03.2019, dismissed the Writ Petition
on the reasoning that the appellant's father was not a regular employee and he was
working as a daily rated employee. Challenging the said order, the present appeal
has been filed.
4. Learned counsel for appellant submits that the appellant's father's name
was included in the State Seniority List in Sl.No.1182 as per G.O.Ms.No.64,
Environment and Forest (FR.II) Department dated 08.03.99 for regular
appointment as Forest Watcher. As per the said Government Order, persons, who
have completed 10 years of service, are eligible for regularization. Appellant's
father worked in the Department for more than 28 years without any benefit.
Learned counsel further submits that G.O.Ms.No.95 dated 07.08.2009 has been
issued by first respondent regularizing appellant's father's service based on the
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Writ Appeal No.1553 of 2019
seniority as Plot Watcher in the regular post under the Tamil Nadu Forest
Subordinate Service Rules. But, unfortunately, appellant's father died on
25.06.2009 and hence, he could not avail the benefit. Hence, appellant submitted
representations to the respondents seeking employment on compassionate ground.
However, the learned Single Judge, without considering these aspects, has
dismissed the Writ Petition.
5. Countering the submissions made by learned counsel for appellant,
learned Additional Government Pleader appearing for respondents submits that on
the date of the death of appellant's father, his services were not regularized. Since
appellant's father died on 25.06.2009 i.e. prior to issuance of G.O.Ms.No.95 dated
07.08.2009, the said Government Order has no effect in the case of appellant's
father.
6. Heard learned counsel for appellant and learned Additional Government
Pleader appearing for respondents. Perused the entire materials on record.
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Writ Appeal No.1553 of 2019
7. The issue, similar to the present one, has been decided by this Court in
various cases and this Court has held that if an employee was qualified for
regularization as on the date of his death, then the claim of his legal heirs cannot be
rejected. In the present case also, the appellant's father was qualified for
regularization as on the date of his death since he had worked for more than 28
years. Therefore, the claim of the appellant cannot be rejected.
Accordingly, the Writ Appeal is allowed. The order passed by this Court in
W.P.No.26729 of 2018 dated 21.03.2019 is set aside. The respondents are
directed to consider the representations of appellant positively and pass appropriate
orders within a period of four weeks from the date of receipt of a copy of this
order. No costs.
[R.P.S., J] [S.S.K., J]
22.01.2021
Speaking / Non-speaking order
Index: Yes/No
Internet: Yes
gm
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Writ Appeal No.1553 of 2019
To
1.The Principal Secretary to Government,
Environment and Forest Department,
Fort St.George, Chennai – 600009.
2.The Principal Chief Conservator of Forests,
Head of Forest Force,
No.1, Genies Road,
Panagal Maligai,
Saidapet, Chennai – 15.
3.The District Forest Officer/
Forest Extension Officer,
Krishnagiri Forest Extension Division,
Krishnagiri,
Krishnagiri District.
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.1553 of 2019
R.SUBBIAH, J
and
SATHI KUMAR SUKUMARA KURUP, J
gm
Writ Appeal No.1553 of 2019
22.01.2021
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