Madras High Court
M.Saraswathi vs The State Of Tamil Nadu on 27 July, 2021
WP.No.15474/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
WP.No.15474/2021 & WMP.No.16408/2021
[Video Conferencing]
1.M.Saraswathi
2.S.Logasundari
3.K.Chandra
4.M.Amirtha Bai
5.S.Chandra
6.V.Marimuthu
7.R.Venkatasamy
8.M.Selvaraj
9.V.Kalimuthu
10.E.Sambasivam
11.A.Yogappan
12.M.Tamilvendhan
13.B.Kannan .. Petitioners
Vs.
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 Forest
Panagal Building, Saidapet, Chennai-15. .. Respondents
https://www.mhc.tn.gov.in/judis/ 1
WP.No.15474/2021
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a writ of mandamus directing the respondents to
appoint the petitioners in the cadre post of Forest Watcher by giving the
benefit of relaxation of height rule with effect from the date of their juniors
appointment in the post of Forest Watcher on 24.01.1995 by considering
their representation dated 10.08.2020 in the light of the order passed in
WP.No.9708/2014 dated 12.09.2014, WP.No.25274/2014 dated
17.09.2014, WA.No.1703/2014 dated 20.01.2015, SLP [Civil]
No.12056/2015 dated 05.07.2016, and Ref.No.LL2/31604/2014 dated
10.02.2020 and also G.O.[Ms] No.49, Environment and Forests [FR2-II]
Department dated 01.09.2020 with all consequential benefits within time
frame.
For Petitioners : Mr.K.Jenitha
For R1& R2 : Mr.C.Kathiravan
Government Advocate
ORDER
1. By consent, the writ petition is taken up for final disposal and
disposed of by this order.
2. Mr.C.Kathiravan, learned Government Advocate accepts notice on
behalf of the respondents 1 and 2.
3. The present writ petition is filed seeking a mandamus directing
respondents 1 and 2 to appoint the petitioners in the cadre post of
Forest Watcher by giving the benefit of relaxation of height rule
with effect from the date of their juniors appointment in the post of
Forest Watcher on 24.01.1995 by considering their representation
WP.No.15474/2021
dated 10.08.2020 in the light of the order passed in
WP.No.9708/2014 dated 12.09.2014, WP.No.25274/2014 dated
17.09.2014, WA.No.1703/2014 dated 20.01.2015, SLP [Civil]
No.12056/2015 dated 05.07.2016, and Ref.No.LL2/31604/2014
dated 10.02.2020 and also G.O.[Ms] No.49, Environment and
Forests [FR2-II] Department dated 01.09.2020 with all
consequential benefits within time frame.
4. By an order dated 07.08.2009, the services of the petitioners were
regularised as Plot Watchers. The petitioners are eligible for further
promotion as Forest Watchers, but, they were not considered for the
post and therefore, Writ Petitions have been filed to direct the
respondents to regularise the service of petitioners in the cadre of
Forest Watcher on par with their Juniors by relaxing the height rule.
5. The learned counsel for the petitioners submitted that in similar
circumstances, this Court passed an order in W.P.No.6327 of 2005,
dated 4.12.2012, directing the respondents therein to consider the
case of the petitioners for regularisation as Forest Watcher, without
disqualifying him on the ground of height.
WP.No.15474/2021
6. Learned Government Advocate appearing for the respondents
submitted that the petitioners do not possess minimum physical
standard prescribed under the Subordinate service Rules viz. 163cms
height for appointment to the post of Forest Watcher and therefore,
no relaxation can be given to the petitioners. The learned
Government Advocate also submitted that nearly 3000 employees
are having such defect and their services were not regularised as
Forest Watcher and therefore, the petitioners cannot be given
regularisation as Forest Watcher.
7. Heard the submissions made by the learned counsel appearing on
either side and perused the materials placed on record.
8. I am unable to accept the submissions made by the learned
Government Advocate. It is seen from the order passed in
W.P.No.6327 of 2005 dated 4.2.2012, wherein similar issue was
considered by this Court and the respondents were directed to
consider the regularisation of services of the petitioner as Forest
Watcher. As per G.O.Ms.No.64, Environment and Forest
Department dated 08.03.1999, Plot Watchers who have been served
in the Forest Department for long number of years, are directed to be
WP.No.15474/2021
posted in regular post of Forest watcher and the petitioners are also
working in the Forest Department as Plot Watchers for a long
period. Further, it is seen from the above Judgment that relaxation
was given in respect of some of the persons and appointed them as
Forest Watchers. In the Judgment rendered in W.P.No.10349 of
2012 also, the same issue was considered and the respondents were
directed to regularise the appointment of the petitioner as Forest
Watcher in that writ Petition. The above cited judgments have also
been followed in the subsequent decisions made in
WP.No.9708/2014 dated 12.09.2014, WP.No.25274/2014 dated
17.09.2014, WA.No.1703/2014 dated 20.01.2015, SLP [Civil]
No.12056/2015 dated 05.07.2016 and Ref.No.LL2/31604/2014
dated 10.02.2020 and also G.O.[Ms] No.49, Environment and
Forests [FR2-II] Department dated 01.09.2020.
9. Considering the same, the respondents are directed to consider the
case of the petitioners and appoint them as Forest watcher and it is
also made clear that the petitioners are entitled for monetary benefits
of that appointment only from the date on which they join duty. As
far as fixation of pay is concerned, the petitioners are entitled from
WP.No.15474/2021
the date on which their juniors were promoted till they actually join
the post and pay can be fixed notionally. This direction with regard
to pay fixation is given taking into account the fact that after serving
for long number of years in the respondent Department and if
appointment is directed to be given with effect from today, the
petitioners may not have pensionary and other benefits, even to a
certain extent also, on their retirement. Hence, the respondents are
directed to complete the exercise of giving appointment orders to the
petitioners within a period of eight weeks from the date of receipt of
a copy of this order. If any relaxation of the Rule is necessary as
was done in the case of Sivanesan by G.O.(2D) No.56, Environment
and Forest Department dated 06.09.2006, the respondents are
directed to take appropriate steps and to get relaxation of the Rules.
10. With the above direction and observation, the Writ Petition is
disposed of. No costs. Consequently, the connected miscellaneous
petition is closed.
27.07.2021
AP
Internet : Yes
WP.No.15474/2021
To
1.The Secretary to Government
State of Tamil Nadu
Environment and Forest Department
Fort St George, Chennai 9.
2.The Principal Chief Conservator of Forest
Panagal Building, Saidapet, Chennai-15.
WP.No.15474/2021
S.S.SUNDAR, J.,
AP
WP.No.15474/2021
27.07.2021
https://www.mhc.tn.gov.in/judis/ 8
