Madras High Court
C.Periasamy vs State Of Tamil Nadu on 22 July, 2021
W.P.No.21244 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2021
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.21244 of 2008
C.Periasamy ... Petitioner
Vs.
1.State of Tamil Nadu
Rep by Secretary to Government
Environment and Forest Department
Secretariat,
Chennai-9
2.The Principal Chief Conservator of Forests
Chennai-600 006
3.District Forest Officer
Tirupattur Division
Tirupattur
Vellore District
4.Forest Range Officer
Chengam,
Thiruvanamalai District ... Respondents
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W.P.No.21244 of 2008
PRAYER: The Writ Petition has been filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorarified Mandamus,
calling for the records of the 3rd respondent impugned order in
Na.Ka.No.4246/07 Va dated 24.09.2007 and quash the same consequently
directing the respondents to place the petitioner in the State seniority list as
per the date of initial appointment on 10.05.1983 and to appoint the
petitioner as Forest Watcher as per the G.O.Ms.No.222 dated 10.06.1992
and G.O.Ms.No.64 dated 08.03.1999 applicable to the petitioner with all
consequential benefits.
For Petitioner : Mr.J.Saravana Vel
For Respondents : Mr.C.Selvaraj Govt.Advocate
-----
ORDER
The petitioner was employed as an plot watcher between 10.05.1983
and 01.10.1988. Thereafter, he was not provided employment with District
Forest Officer under the pretext that the scheme has come to an end. But
however based on the representation of the daily wage plot watchers and
Social Forestry Workers for regularisation, Government issued a
G.O.Ms.No.222, Enviornment and Forests Department dated 10.6.1992,
wherein it was ordered that those eligible Plot watchers and Social Forestry
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W.P.No.21244 of 2008
Workers who were employed both in territorial as well as Social Forestry
Division who are appointed after 08.07.1980 without reference to
employment exchange shall be considered for regular employment in the
vacancies which may arise in posts like Forest Watchers, Malis, Office
Assistants etc, who are otherwise fully qualified for the post and within their
age limit on the date of first appointment as Plot watcher or Social Forestry
Worker as the case may be.
2. It is not in dispute that on the date of his engagement viz.,
10.05.1983 petitioner was fully qualified to hold the post. As per the
Government Order he was engaged after 08.07.1980 and therefore his name
should have been considered for regularisation regardless of his sponsoring
by the employment exchange or any department. But his case was not
considered. Therefore, he approached the Tamil Nadu Administrative
Tribunal by O.A.No.5540 of 1993. When the matter was pending another
Government Order vide G.O.Ms.No.64 Environment and Forest Department
dated 08.03.1999 was published wherein the persons who were working on
daily wages shall be regularised in the vacancies by relaxing the rules and
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W.P.No.21244 of 2008
age qualification. Integrated State wise seniority list was also directed to be
prepared. It is pertinent to note that the unqualified persons with respect to
educational qualification have obtained the stay from the Tribunal for
appointment of Plot watchers and Social Forestry Workers. Therefore, no
appointment could be made to these posts for many decades. Therefore, the
petitioner was also not engaged by the respondent for a longer time.
However, it is the contention of the petitioner that for no fault of petitioner
he was not engaged in service. At last his request was rejected on the
ground that he was not in service on the date of passing regularisation
orders. He would rely on the judgment of this Court in W.P.No.4294 of
2012 dated 04.02.2020, wherein this Court has observed that non
employment of Plot watchers for want of funds or want of plan scheme
approval and for other reasons, it cannot be taken as refusal to work and
fault cannot be attributed to the workers. The Government in their counter
affidavit filed before the Tribunal in O.A.No.5540 of 1993 have
categorically stated that the petitioner was stopped from duty with effect
from 01.10.1988 as per the orders of the District Forest Officer pursuant to
the decision to restrict the number of Tending Watcher based on the
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W.P.No.21244 of 2008
sanction in the plan scheme approved by the Government. Therefore, it is
clear that for want of approval of plan scheme the petitioner was not
engaged. Therefore, no fault can be attributed to the petitioner and he has
been languishing in the corridors of Court from the year 1993 till date.
3.Unfortunately the petitioner attained the age of superannuation and
he is 65 years old now. Therefore, this Court is not in a position to give
direction to regularize the service of the petitioner nor to grant any terminal
benefits as he has not worked from 1988. However, the lethargy on the part
of the respondent and also the delay in disposal of the case filed by him
from the year 1993 he was deprived of his legitimate rights. Therefore, this
is a peculiar case where the petitioner request shall be considered for some
monetary compensation. But for the want of plan schemes or funds, he
would have continued and earned his wages and got regularized in service.
Therefore, considering the long years of waiting from 1993 to 2021 before
this Court, the respondents are directed to pay some amount of monetary
compensation.
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W.P.No.21244 of 2008
4. Accordingly, the 1st respondent is directed to take into
consideration all the above facts and pass appropriate orders within a period
of three months from the date of receipt of a copy of this order. The writ
petition is disposed of in the above terms. No costs. Consequently,
connected miscellaneous petition is closed.
22.07.2021
To
1.The Secretary to Government
State of Tamil Nadu
Environment and Forest Department
Secretariat, Chennai-9
2.The Principal Chief Conservator of Forests
Chennai-600 006
3.District Forest Officer
Tirupattur Division
Tirupattur
Vellore District
4.Forest Range Officer
Chengam,
Thiruvanamalai District
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W.P.No.21244 of 2008
M. GOVINDARAJ, J.
kpr
W.P.No.21244 of 2008
&
M.P.No.1 of 2008
22.07.2021
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