Madras High Court
V.Velayutham vs The Government Of Tamil Nadu on 18 November, 2021
W.A.(MD).Nos.1773 to 1776 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A.(MD).Nos.1773 to 1776 of 2021
1.V.Velayutham .. Appellant/Petitioner in W.A(MD)No.1773/2021
2.P.Selvaraj .. Appellant/Petitioner in W.A(MD)No.1774/2021
3.C.Punnaivanam .. Appellant/Petitioner in W.A(MD)No.1775/2021
4.Ochathevar .. Appellant/Petitioner in W.A(MD)No.1776/2021
Vs.
1.The Government of Tamil Nadu,
Rep by Secretary to Government,
Forest and Environment Department,
Fort St.George, Chennai-9.
2.The Principal Chief Conservator of Forests,
Panagal Building,
Saidapet,
Chennai-15. ... Respondents in all W.As
Prayer in W.A(MD)No.1773 of 2021:Writ Appeal filed under Clause 15 of the
Letters Patent, against the order dated 28.04.2021 in W.P(MD)No.8710 of 2021
passed by this Court.
Prayer in W.A(MD)No.1774 of 2021:Writ Appeal filed under Clause 15 of the
Letters Patent, against the order dated 28.04.2021 in W.P(MD)No.8712 of 2021
passed by this Court.
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W.A.(MD).Nos.1773 to 1776 of 2021
Prayer in W.A(MD)No.1775 of 2021:Writ Appeal filed under Clause 15 of the
Letters Patent, against the order dated 28.04.2021 in W.P(MD)No.8714 of 2021
passed by this Court.
Prayer in W.A(MD)No.1776 of 2021:Writ Appeal filed under Clause 15 of the
Letters Patent, against the order dated 28.04.2021 in W.P(MD)No.8715 of 2021
passed by this Court.
For Petitioners
in all W.As : Mr.G.Chandrasekar
For Respondents in all : Mr.P.Subbaraj
W.As Government Advocate
COMMON JUDGMENT
(Judgment of the Court was made by P.VELMURUGAN,J.)
Since the issue involved in these Writ Appeals is one and the same,
they are heard together and disposed of by this common judgment.
2.The case of the appellants is that they were appointed as Social
Forestry Workers in the Forest Department on various dates viz.,01.12.1983,
31.03.1986, 16.04.1983 and 01.11.1985 respectively, on daily wage basis.
Subsequently, in the year 1994, the Government decided to regularize the
service of the Plot Watchers/Social Forestry Workers throughout the State and
prepared the State Wide Seniority List. In the said list, the appellants' names
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W.A.(MD).Nos.1773 to 1776 of 2021
were included and allotted seniority numbers as 3118, 4613, 2376 and 4384
respectively. In view of the more number of persons included in the said list,
the Government could not accommodate all the persons and hence, issued G.O.
(Ms)No.332, Environment and Forest Department, dated 22.12.1994,
prescribing SSLC as minimum general educational qualification for the post of
Forest Watcher / Mali. Only 421 daily wage Plot Watchers were possessing
SSLC qualification out of 4000 persons and therefore, they alone could be
absorbed in the first batch. The Number of Original Applications were filed
before the Tamil Nadu Administrative Tribunal in O.A.No.197 of 1995 etc.,
batch and the Tribunal granted interim stay of operation of G.O(Ms)No.332,
Environment and Forest Department, dated 22.12.1994, on 24.01.1995. Before
granting stay, 171 persons out of 421 Plot Watchers / Social Forestry Workers
could join the post as Forest Watchers. Due to the interim stay granted by the
Tribunal, other persons could not join the post of Forest Watcher. Subsequently,
the Government cancelled G.O(Ms)No.332, Environment and Forest
Department, dated 22.12.1994, and issued another G.O.(Ms)No.64,
Environment and Forest Department, dated 08.03.1999, prescribing
qualification to bring the daily wage Plot Watchers into regular time scale of
pay is “ability to read and write”. Subsequent to the cancellation of
G.O(Ms)No.332, Environment and Forest Department, dated 22.12.1994, a list
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W.A.(MD).Nos.1773 to 1776 of 2021
of persons eligible to be regularised as Forest Watchers, was prepared. The
appellants' names were not included in the said list and they were regularised in
the year 1994 itself. Whereas the appellants were regularized only on
06.08.2009 and subsequently, they retired from service on attaining the age of
superannuation on 31.07.2018, 28.02.2017, 31.05.2011 and 29.02.2020
respectively. After retirement, all the appellants have given representations,
dated 05.10.2018, 19.02.2021, 26.12.2019 and 11.06.2020 respectively, to
regularise their service from the year 1994 and grant all monetary benefits.
3.After hearing the arguments made on either side, the writ petitions
were dismissed on the ground of delay. Challenging the order of dismissal of
the writ petitions, the appellants have filed the above writ appeals.
4.Heard Mr.G.Chandrasekar, learned counsel appearing for the
appellants and Mr.P.Subbaraj, learned Government Advocate appearing for the
respondents.
5.The learned counsel appearing for the appellants submitted that the
learned Single Judge dismissed the writ petitions only on the ground of delay
and held that the appellants had not approached the Court at the earliest. The
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W.A.(MD).Nos.1773 to 1776 of 2021
learned counsel further submitted that all the appellants rendered their
unblemished service for meagre amount till their retirement and the service of
the appellants were regularized only in the year 2009, whereas the service of
their juniors were regularized in the year 1994. Hence, he prays for setting
aside the order of the learned Single Judge.
6.The learned Government Advocate appearing for the respondents
submitted that the appellants failed to take any steps from 1994 till 2018 and
they have given representations dated 05.10.2018, 19.02.2021, 26.12.2019 and
11.06.2020 respectively, seeking regularization of their service from the year
1994 and therefore, the learned Single Judge rightly rejected the claim of the
appellants and hence, there is no merit in these writ appeals and prayed for
dismissal of the same.
7.On a perusal of records, it is seen that admittedly, the appellants
were regularised on 06.08.2009. Thereafter, the appellants retired from service
on attaining the age of superannuation on 31.07.2018, 28.02.2017, 31.05.2011
and 29.02.2020 respectively. Till their retirement, the appellants did not take
any steps for regularization of their service from the year 1994. After their
retirement, the appellants have given representations to regularise their service
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W.A.(MD).Nos.1773 to 1776 of 2021
from the year 1994 and grant all monetary benefits. Though the appellants
attained the age of Superannuation on 31.07.2018, 28.02.2017, 31.05.2011 and
29.02.2020 respectively, they have neither taken any steps to approach the
Court earlier nor they have made any representation seeking regularization of
their service from the year 1994 and the reason for not approaching the Court
either prior to retirement or immediately soon after the retirement has not been
properly explained by the appellants. They gave the representations only on
05.10.2018, 19.02.2021, 26.12.2019 and 11.06.2020 respectively.
8.Under the above said circumstances, we find that the appellants are
not entitled to seek the relief of regularization of their service from the year
1994, after a long lapse of time and the Writ Court has rightly rejected the claim
of the appellants and therefore, we find no sound reason to interfere with the
order passed in the writ petitions and accordingly, the writ appeals fail.
9.In the result, the Writ Appeals are dismissed. No costs.
(P.S.N.J.,) (P.V.J.,)
18.11.2021
Index : Yes / No
Internet: yes / No
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W.A.(MD).Nos.1773 to 1776 of 2021
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy of the
order that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
1.The Secretary to Government,
Forest and Environment Department,
Fort St.George, Chennai-9.
2.The Principal Chief Conservator of Forests,
Panagal Building,
Saidapet,
Chennai-15.
https://www.mhc.tn.gov.in/judis
W.A.(MD).Nos.1773 to 1776 of 2021
PUSHPA SATHYANARAYANA, J.,
and
P.VELMURUGAN,J.,
Ns
W.A.(MD).Nos.1773 to 1776 of 2021
18.11.2021
https://www.mhc.tn.gov.in/judis
