Madras High Court
B.Rajan vs The State Of Tamil Nadu on 29 July, 2021
W.P.Nos.5887 & 5890 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2021
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
W.P. Nos. 5887 & 5890 of 2021
W.P. No.5887 of 2021
B.Rajan .. Petitioner
Versus
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Department of Environment & Forests,
Fort St. George,
Chennai – 600 009.
2.The Principal Chief Conservator of Forests &
Head of Forest Force,
Panagal Building, Saidapet,
Chennai – 600 015.
3.The Wildlife Warden,
Guindy Children's Park,
Chennai. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Certiorafied Mandamus to call for the records in pursuant to
the impugned order passed by the first respondent in G.O.(2D) No.35
Environment & Forests (FR.2.II) Department dated 28.11.2020 and quash the
same consequently direct the first respondent to regularize the services of the
petitioner on completion of 10 years of service from the date of his initial
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W.P.Nos.5887 & 5890 of 2021
appointment of daily wages by extending the benefit conferred in G.O.Ms.No.3
Environment and Forests (FR.2.II) Department dated 11.01.2019 & in G.O.
Ms.No.48 Environment & Forests (FR.2.II) Department dated 27.05.2019 with
all consequential service and monetary benefits.
W.P.No.5890 of 2021
K.Chinnapaiyan .. Petitioner in W.P. No.5890 of 2021
Versus
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Department of Environment & Forests,
Fort St. George,
Chennai – 600 009.
2.The Principal Chief Conservator of Forests &
Head of Forest Force,
Panagal Building, Saidapet,
Chennai – 600 015.
3.The Deputy Conservator of Forests, (Budgeting),
O/o. The Principal Chief Conservator of Forests,
(Head of Forest Force), Panagal Building,
Chennai – 600 015. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Certiorafied Mandamus to call for the records in pursuant to
the impugned order passed by the first respondent in G.O.(2D) No.35
Environment & Forests (FR.2.II) Department dated 28.11.2020 and quash the
same consequently direct the first respondent to regularize the services of the
petitioners on completion of 10 years of service from the date of his initial
appointment of daily wages by extending the benefit conferred in G.O.Ms.No.3
https://www.mhc.tn.gov.in/judis/
W.P.Nos.5887 & 5890 of 2021
Environment and Forests (FR.2.II) Department dated 11.01.2019 & in G.O.
Ms.No.48 Environment & Forests (FR.2.II) Department dated 27.05.2019 with
all consequential service and monetary benefits.
For Petitioner : Ms. Swadhi Subramanian
For Respondents : Mr. C.Kathiravan
Government Advocate
O RD E R
These writ petitions are filed to quash the impugned order passed by the
first respondent in G.O.(2D) No.35 Environment & Forests (FR.2.II)
Department dated 28.11.2020 and direct the first respondent to regularize the
services of the petitioners on completion of 10 years of service from the date of
their initial appointment of daily wages by extending the benefit conferred in
G.O.Ms.No.3 Environment and Forests (FR.2.II) Department dated 11.01.2019
& in G.O. Ms.No.48 Environment & Forests (FR.2.II) Department dated
27.05.2019 with all consequential service and monetary benefits.
2. The petitioners in these writ petitions are appointed as Drivers in the
Tamil Nadu Forest Department. The petitioner in W.P. No.5890 of 2021 was
appointed on 04.04.1997 and the petitioner in W.P. No.5887 of 2021 was
appointed on 01.07.2001. It is the case of the petitioners that they sought for
regularisation of the services as the second respondent had already forwarded
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W.P.Nos.5887 & 5890 of 2021
regularisaion of the services of other persons who are similarly placed. Since
the first respondent did not pass any order on the representations of the
petitioners, the petitioners have filed writ petition in W.P. No.25798 of 2019
and W.P. No.25802 of 2019 respectively. By an order dated 12.03.2019, this
Court disposed of those writ petitions by directing the first respondent to
consider and pass orders on the representation of the petitioner for
regularisation of petitioners' services.
3. On 28.11.2020, the first respondent issued an order vide. G.O. Ms.
No.35 Environment Forest dated 28.11.2020 rejecting the representations of the
petitioners for regularisation. Relying upon G.O. Ms. No.3 dated 11.01.2019
and two precedents of this Court, the above writ petitions are filed by the
petitioners to quash the order passed by the first respondent vide G.O.Ms.No.35
Environment Forest and direct the first respondent to regularise the service of
the petitioners.
4. Learned counsel appearing for the petitioner relied upon a few
judgments of this Court in similar cases particularly the judgment in the case of
A.Muthukrishnan and others Vs. State of Tamil Nadu and other in W.P.
No.6632 of 2020 and batch. According to the petitioners, vide G.O. Ms. 22
Personal and Administrative Reforms Department dated 28.02.2006, the
Government directed to regularise the services of daily wage employees who
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W.P.Nos.5887 & 5890 of 2021
have completed ten years of service. The direction vide G.O. Ms. No.22 is kept
intact and several directions have been issued in individual cases based on the
said Government Order. All the contentions raised by the respondent denying
the benefits of regularisation of services to those daily wage employees who
had completed ten year of services after 01.01.2006 were rejected by this Court
in several writ petitions. The judgment of a learned single Judge allowing the
writ petitions filed by the petitioners and rejecting the contention of the
respondent, was also challenged in appeal and it is stated that the appeal was
also dismissed by a Division Bench of this Court.
5. Learned Government Advocate appearing for the respondents has only
pointed that the petitioners shall not be given the benefit of regularisation as
they completed ten years of services only after 01.01.2006.
6. Having regard to the judgments relied upon by the petitioners and the
view expressed by this Court in a catena of cases, this Court is not inclined to
take any different view, as no distinguishing factor is pointed out for not
applying the same principle in the case of petitioners. Accordingly, these writ
petitions are allowed and the impugned order passed by the first respondent in
G.O.(2D) No.35 Environment & Forests (FR.2.II) Department dated
28.11.2020, is hereby quashed. No costs. The respondents are directed to
regularise the service of the petitioners on completion of ten years, from the
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W.P.Nos.5887 & 5890 of 2021
date of initial appointment with all attendant and consequential benefits. The
first respondent shall pass appropriate orders within a period of eight weeks
from the date of receipt of a copy of this order.
29.07.2021
Index:Yes / No
Speaking order / Non speaking order
bkn
To
1.The Principal Secretary to Government,
Department of Environment & Forests,
Fort St. George,
Chennai – 600 009.
2.The Principal Chief Conservator of Forests &
Head of Forest Force,
Panagal Building, Saidapet,
Chennai – 600 015.
3.The Wildlife Warden,
Guindy Children's Park,
Chennai.
4.The Deputy Conservator of Forests, (Budgeting),
O/o. The Principal Chief Conservator of Forests,
(Head of Forest Force), Panagal Building,
Chennai – 600 015.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.5887 & 5890 of 2021
S.S.SUNDAR. J.,
bkn
W.P. Nos. 5887 & 5890 of 2021
29.07.2021
https://www.mhc.tn.gov.in/judis/
