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
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https://www.mhc.tn.gov.in/judis/
W.A. Nos.1475 and 1477 of 2021 and
C.M.P. Nos.9360, 9369 and 9370 of 2021
Prayer: 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
State Government Counsel
For Respondent : Ms.Priya Ram
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 5 as follows:
"5.In the present case, the question is
whether the petitioner is entitled to get the benefit
of G.O. Ms.No.22 P & A.R. Department dated
28.02.2006. Admittedly, the petitioner has been
continuously working in the Forest Department
for more than 23 years without any interruption as
a Jeep Driver. Since the petitioner has completed
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W.A. Nos.1475 and 1477 of 2021 and
C.M.P. Nos.9360, 9369 and 9370 of 2021
more than ten years of service as on 01.01.2006 as
prescribed in G.O. Ms. No.22, it is a fit case for
regularisation of the service of the petitioner and
therefore, this Court finds no impediment to direct
the respondents to regularise the service of the
petitioner. Accordingly, the Principal Chief
Conservator of Forests, Chennai, the first
respondent herein is hereby directed to send a
proposal to the Secretary to Government,
Environment and Forest Department, the fifth
respondent herein to regularise the service of the
petitioner within a period of four weeks from the
date of receipt of a copy of this order. On receipt
of the same, the fifth respondent is hereby directed
to accept the proposal and regularise the service
of the petitioner within a period of four weeks
thereafter. With the above direction, the writ
petition is disposed of. 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.
https://www.mhc.tn.gov.in/judis/
W.A. Nos.1475 and 1477 of 2021 and
C.M.P. Nos.9360, 9369 and 9370 of 2021
3. The learned State Government Counsel appearing for the
appellants has produced a copy of the order passed by the First Bench of
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
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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 fifth 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.
[P.S.N., J.] [K.R., J.]
30.06.2021
Index : Yes/No
srn
To
1. The Secretary to Government,
Government of Tamil Nadu,
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.
https://www.mhc.tn.gov.in/judis/
W.A. Nos.1475 and 1477 of 2021 and
C.M.P. Nos.9360, 9369 and 9370 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A. Nos.1475 and 1477 of 2021 and
C.M.P. Nos.9360, 9369 and 9370 of 2021
30.06.2021
https://www.mhc.tn.gov.in/judis/
