Government Of Tamil Nadu vs M.Saravanan
2021 Latest Caselaw 12764 Mad

Citation : 2021 Latest Caselaw 12764 Mad
Judgement Date : 30 June, 2021

Madras High Court

Government Of Tamil Nadu vs M.Saravanan on 30 June, 2021

W.A. Nos.1475 and 1477 of 2021 and
C.M.P. Nos.9360, 9369 and 9370 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2021

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

W.A. Nos.1475 and 1477 of 2021 and
C.M.P. Nos.9360, 9369 and 9370 of 2021

1.Government of Tamil Nadu,
represented by Secretary to Government,
Environment and Forests Department,
Fort St.George,
Chennai - 600 009.

2. The Principal Chief Conservator of Forests,
Panagal Buildings,
Chennai 600 015.

3. The District Forest Officer,
Krishnagiri District,
Hosur Division. ... Appellants in
both Appeals
vs
M.Saravanan ...Respondent in
W.A.No.1475 of 2021

M.Govindasamy ....Respondent in
W.A.No.1477 of 2021
****

https://www.mhc.tn.gov.in/judis/
Page No.1 of 6
W.A. Nos.1475 and 1477 of 2021 and
C.M.P. Nos.9360, 9369 and 9370 of 2021

Prayer in W.A.Nos.1475 and 1477 of 2021: Writ Appeals filed under
clause 15 of the Letters Patent praying to set aside the common order dated
13.02.2019 made in W.P.Nos.30564 and 30565 of 2008 and allow these
Writ Appeals.
****

For Appellant : Mr.R.Neelakandan
in both W.As State Government Counsel

For Respondent : Ms.Priya Ram
in both W.As.

COMMON JUDGMENT

[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]

These Writ Appeals are directed against the order dated 13.02.2019

passed by the learned Single Judge in W.P.Nos.30564 and 30565 of 2008.

2. In the said Writ Petitions, the learned Single Judge had

observed in paragraph 4 as follows:

"4. But this Court is unable to find any

justification on the part of the respondents. When

https://www.mhc.tn.gov.in/judis/
Page No.2 of 6
W.A. Nos.1475 and 1477 of 2021 and
C.M.P. Nos.9360, 9369 and 9370 of 2021

it is not disputed that the petitioners were

appointed on 01.09.1997 and 01.10.1998 and they

have completed more than ten years of service as

on today, the benefit of G.O. Ms. No.22 P & A.R.

Department dated 28.02.2006 can be given to the

petitioner. Accordingly, the writ petitions are

allowed and the respondents are directed to

regularise the service of the petitioners on the

basis of the said G.O. Ms. No.22, within a period

of eight weeks from the date of receipt of a copy of

this order. Consequently, connected M.Ps are

closed. No costs. ".

Aggrieved by the above said order, directing the appellants to regularise the

service of the writ petitioners, the above Writ appeals have been filed by the

State.

3. The learned State Government Counsel appearing for the

appellants has produced a copy of the order passed by the First Bench of

https://www.mhc.tn.gov.in/judis/
Page No.3 of 6
W.A. Nos.1475 and 1477 of 2021 and
C.M.P. Nos.9360, 9369 and 9370 of 2021

this Court in a batch of Writ Appeals in W.A.Nos.391 of 2020 etc., dated

13.03.2020, wherein, in paragraphs 7 and 8, it has been held as follows:-

" ...7. We have considered the submissions raised
and we find no reason to differ from the view taken by the
Division Bench while confirming the judgment of the
learned Single Judge, issuing directions for regularization.
But, insofar as the date from which such regularization
will be given effect to being sub-judice before the Apex
Court, we direct that the respondents/petitioners shall be
regularized and so far as the date of regularization is
concerned, the same will be governed by the outcome of
the judgment of the Apex Court.

8. The learned Additional Advocate General, on
instructions, states that the respondents/petitioners will be
regularized and the regularization orders will be issued
within four weeks from the date of production of a copy of
this order. We record this and direct accordingly."

4. Pursuant to the said order passed in W.A.No.391 of 2020 etc.,

dated 13.03.2020, G.O.(Ms).No.8, Environment and Forests (FR.2-II)

Department, dated 22.01.2021 was passed implementing the same by

https://www.mhc.tn.gov.in/judis/
Page No.4 of 6
W.A. Nos.1475 and 1477 of 2021 and
C.M.P. Nos.9360, 9369 and 9370 of 2021

regularizing the service of the writ petitioners therein. The same benefit will

have to be given to the writ petitioners in these cases also.

5. In the light of the above said G.O., this Writ appeals are

disposed of on the same terms. The first appellant is hereby directed to

accept the proposal and regularize the service of the respondents/writ

petitioners, within a period of four weeks from the date of receipt of a copy

of this judgment. Consequently, connected miscellaneous petitions are

closed. No costs.