Madras High Court
P.Anburajan vs The State Of Tamilnadu on 2 September, 2021
W.P.No.18373 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.18373 of 2021
(Through Video Conferencing)
P.Anburajan ... Petitioner
Vs
1.The State of Tamilnadu,
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
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, to direct the respondents to appoint petitioner
in the cadre post of Forest Watcher by giving the benefit of relaxation of
height rule with effect from the date of petitioner's junior's appointment
in the post of Forest Watcher on 24.01.1995 by considering petitioner's
representation dated 16.09.2020 in the light of the order passed in
W.P.No.9708 of 2014 dated 12.09.2014, W.P.No.25274 of 2014 dated
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1/7
W.P.No.18373 of 2021
17.09.2014, W.A.No.1703 of 2014 dated 20.01.2015, SLP (Civil)
No.12056 of 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 consequential benefits.
For Petitioner : Mr.K.Jenitha
For Respondents : Mr.L.S.M.Hasan Fizal
Government Advocate
ORDER
Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondents.
2.It is noticed that an order dated 12.09.2014 came to be passed in
W.P.No.9708 of 2014 in the case of M.Kanniyappan Vs. The State of
Tamil Nadu and others. The operative portion of the aforesaid order
reads as under:-
6.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 04.02.2012, wherein similar
issue was considered by this Court and the
respondents were directed to consider the
regularization of services of he petitioner as
Forest Watcher. As per G.O.Ms.No.64,
Environment and Forest Department, dated
08.03.1999, Plot Watchers who have been
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W.P.No.18373 of 2021
served in the Forest Department for long
number of years, are directed to be posed in
regular post of Forest Watcher and the
petitioner is also working in the Forest
Department as Plot Watcher 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.
7.Considering the same, the respondents
are directed to consider the case of the
petitioner as Forest Watcher and it is also made
clear that the petitioner is entitled for monetary
benefits of that appointment only from the date
on which he joins duty. As far as the fixation
of pay is concerned, the petitioner is entitled
from the date on which his junior was promoted
till he actually joins 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 fixation is given
taking into account the fact that after serving
for long number of years in the respondent
Department, if appointment is directed to be
given with effect from today, the petitioner may
not get pensionary and other benefits, even to a
certain extent also, on his retirement. Hence,
the respondents are direct to complete the
exercise of giving appointment orders to the
petitioner 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)
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W.P.No.18373 of 2021
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.
3.The Departmental Appeal against the above order in
W.A.No.1703 of 2014 was dismissed by the Division Bench of this Court
by its order dated 20.01.2015 and further appeal in S.L.P.No.12056 of
2015 before the Hon'ble Supreme Court was also dismissed by an order
dated 05.07.2016.
4.It is submitted that a similar order was also passed in
W.P.Nos.25271 to 25278 of 2014 vide order dated 17.09.2014 in the case
of K.Murugan and others Vs. Government of Tamil Nadu and others
the learned counsel has today also placed reliance on a recent order dated
27.07.2021 of this Court in W.P.No.15474 of 2021 in M.Saraswathi
and others Vs. The State of Tamil Nadu and another wherein, under
similar circumstances, noting the decision of the Hon'ble Division Bench
of this Court and that of the Hon'ble Supreme court, the respondents were
directed to appoint the petitioners therein as Forest Watchers by relaxing
the Rules if necessary as was done in the case of one Sivanesan vide
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W.P.No.18373 of 2021
G.O.(2D) No.56, Environment and Forest Department, dated 06.09.2006.
5.The fact of the case indicates that the petitioner was appointed as
a Plot Watcher on 20.12.1983. During the interregnum, several orders
were issued, as a result of which, the petitioner was absorbed into service
as Mali and not given further appointment as a Forest Watcher. The next
avenue of petitioner for a Plot Watcher is either Forest Watcher or Mali.
The orders which were passed during the interregnum were either relaxed
or quashed.
6.Considering the fact that under similar circumstances, the
respondents are directed to relax the Rules if it is necessary as was done
in the case of Sivanesan by G.O.(2D) No.56, Environment and Forest
Department, dated 06.09.2006, this Writ Petition is disposed in terms of
the above cited orders with a direction to the respondents to notionally
appoint the petitioner as a Forest Watcher with effect from the date on
which his immediate juniors were appointed to the post of Forest
Watcher. This exercise shall be carried out by the respondents within a
period of eight weeks from the date of receipt of a copy of this order. No
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W.P.No.18373 of 2021
costs.
02.09.2021
(2/2)
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
To
1.The State of Tamilnadu,
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.
https://www.mhc.tn.gov.in/judis/
W.P.No.18373 of 2021
C.SARAVANAN,J.
jas
W.P.No.18373 of 2021
02.09.2021
https://www.mhc.tn.gov.in/judis/
