Madras High Court
V.Karuppasamy vs Government Of Tamil Nadu on 7 January, 2022
WP(MD)No.10328 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.10328 of 2020
V.Karuppasamy : Petitioner
Vs.
1.Government of Tamil Nadu,
Rep. by the Secretary to Government,
Forest and Environment Department,
Fort St.George,
Chennai – 600 009.
2.The Principal Chief Conservator of Forests,
Panagal Building,
Saidapet, Chennai – 600 015. : Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India seeking issuance of Writ of Mandamus
directing the respondents to regularize the petitioner as
Regular Time Scale of Forest Watchers, taking into account
of his seniority and qualification, on par with his Juniors
by considering his representation dated 27.08.2018, in the
light of the order passed in WP.No.15561 of 2006, dated
10.03.2008, WA.No.690 of 2008, dated 13.10.2009, WP.No.
23374 of 2008, dated 30.10.2009 and WA.No.607 of 2010 dated
1/6
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WP(MD)No.10328 of 2020
20.03.2010 and confer all consequential benefits, within a
stipulated time limit.
For Petitioner : Mr.G.Chandrasekar
For Respondents : Mr.J.Ashok,
Additional Government Pleader
*****
ORDER
Heard the learned Counsel appearing for the petitioner
and the learned Additional Government Pleader appearing for
the respondents.
2.The petitioner was employed as Social Forestry Worker
in the Forest Department on 01.11.1974, on daily wage
basis. In the year 1994, the Government of Tamil Nadu has
proposed to bring all Plot Watchers / Social Forestry
Workers engaged on daily wage basis into regular time scale
of pay. Accordingly, a State wide seniority list was
prepared and the petitioner was placed at no.101. According
to the petitioner, the qualification for the next
promotional post – 'Forest Watcher' is the ability to 'read
and write' and as such, he is eligible for the same. But,
the Government has issued a Government Order in G.O.Ms.No.
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WP(MD)No.10328 of 2020
332, Environment and Forest Department dated 22.12.1994,
prescribing SSLC as the minimum General Educational
Qualification. Aggrieved over the same, several Original
Applications were filed before the Tamil Nadu
Administrative Tribunal in O.A.No.197 of 1995, etc., batch
and the Tribunal has stayed the operation of the Government
Order, by order dated 24.01.1995.
3.According to the petitioner, before the stay of the
Government Order, some of his Juniors, who have completed
SSLC were regularized and were given promotion as Forest
Watchers. Thereafter, the Government has issued another
order in G.O.Ms.No.64, Environment and Forest Department,
dated 08.03.1999, cancelling the earlier Government Order
in G.O.Ms.No.332, Environment and Forest Department, dated
22.12.1994. Therefore, the qualification required for
bringing the daily wage Plot Watchers / Social Forestry
Workers is 'the ability to read and write'. Thereafter, a
fresh seniority list was prepared in the year 1999 and in
that list, those persons, who were Juniors to the
petitioner and who were given the benefit in the year 1994,
ought to have been included by placing them below the
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WP(MD)No.10328 of 2020
petitioner and the petitioner ought to have been given the
benefit notionally before them. But it was not done.
4.The grievance of the petitioner is that he was given
regular time scale of pay only in the year 2000, whereas,
his juniors were given the said benefit in the year 1994
itself, based on an Government Order, which was no longer
in existence. Therefore, he has filed this writ petition
seeking a direction to the respondents to regularize him as
Regular Time Scale of Forest Watcher, by taking into
account of his seniority and qualification, on par with his
Juniors, in the light of several judgments passed by this
Court.
5.When the matter is taken up for hearing today,
learned Counsel for the petitioner submitted that it would
suffice if the representation of the petitioner dated
27.08.2018 is directed to be disposed of, within a
stipulated time limit.
6.Considering the facts and circumstances of the case
and the limited scope of the relief now sought for, this
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WP(MD)No.10328 of 2020
Court, without expressing anything on the merits of the
case, directs the respondents to consider the
representation of the petitioner dated 27.08.2018 and pass
appropriate orders, on merits and in accordance with law,
after affording due opportunity of hearing to the
petitioner, within a period of eight weeks from the date of
receipt of a copy of this order.
7.With the above directions, this writ petition stands
disposed of. No costs.
Index : Yes / No 07.01.2022
Internet : Yes
gk
To
1.The Secretary to Government,
State of Tamil Nadu,
Forest and Environment Department,
Fort St.George, Chennai – 600 009.
2.The Principal Chief Conservator of Forests,
Panagal Building,
Saidapet, Chennai – 600 015.
https://www.mhc.tn.gov.in/judis
WP(MD)No.10328 of 2020
B.PUGALENDHI, J.
gk
W.P.(MD)No.10328 of 2020
07.01.2022
https://www.mhc.tn.gov.in/judis
