Madras High Court
K.Chinnapaiyan vs Mrs.Supriya Sahu on 12 October, 2022
Cont. P. Nos.1431 and 1463 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2022
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR
Contempt Petition Nos.1431 and 1463 of 2022
and Sub Appl.Nos.536 and 538 of 2022
Contempt Petition No.1431 of 2022
K.Chinnapaiyan ..Petitioner
Vs
1. Mrs.Supriya Sahu, IAS,
The Principal Secretary to Government,
Environment and Forest Department,
Fort St. George, Chennai 600 009.
2. Mr.Syeed Muzammil Abbas, IFS,
The Principal Chief Conservator of Forest,
Head of the Forest Department,
Panagal Maligai, Saidapet, Chennai 600 015. ..Respondents
PRAYER : Petition filed under section 11 of the Contempt of Courts Act,
to punish the respondents for the wilful disobedience of the order passed by
this Court made in WP.No.5890 of 2021, dated 29.07.2021.
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Cont. P. Nos.1431 and 1463 of 2022
Contempt Petition No.1463 of 2022
B.Rajan ..Petitioner
Vs
1. Mrs.Supriya Sahu, IAS,
The Principal Secretary to Government,
Environment and Forest Department,
Fort St. George, Chennai 600 009.
2. Mr.Syeed Muzammil Abbas, IFS,
The Principal Chief Conservator of Forest,
Head of the Forest Department,
Panagal Maligai, Saidapet, Chennai 600 015. ..Respondents
PRAYER : Petition filed under section 11 of the Contempt of Courts Act,
to punish the respondents for the wilful disobedience of the order passed by
this Court made in WP.No.5887 of 2021, dated 29.07.2021.
For Petitioner : Mr.G.Suresh
(both the petitions)
For Respondent : Mr.J.Ravindran,
(both the petitions) Additional Advocate General
assisted by T.Seenivasan,
Special Government Pleader (Forest)
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https://www.mhc.tn.gov.in/judis
Cont. P. Nos.1431 and 1463 of 2022
COMMON ORDER
These Contempt Petitions are filed alleging willful disobedience of
the order of this Court, dated 29.07.2021 in WP.Nos.5890 and 5887 of
2021.
2. The petitioners herein earlier filed the above Writ Petitions to
quash the impugned order passed by the first respondent in G.O.(2D) No.35
Environment & Forests (FR.2.II) Department dated 28.11.2020 and
consequently to direct the first respondent to regularize their services on
completion of 10 years of service from the date of their initial appointment
on daily wages by extending the benefit conferred in G.O.Ms.No.3,
Environment and Forests (FR.2.II) Department dated 11.01.2019 & in
G.O.Ms.No.48 Environment & Forests (FR.2.II) Department dated
27.05.2019 with all consequential service and monetary benefits.
3. This Court having regard to the identical facts disposed of both the
Writ Petitions in the following lines:
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Cont. P. Nos.1431 and 1463 of 2022
"6. Having regard to the judgments relied upon by the
petitioners and the view expressed by this Court in a catena of
cases, this Court is not inclined to take any different view, as
no distinguishing factor is pointed out for not applying the
same principle in the case of the petitioners. Accordingly, these
writ petitions are allowed and the impugned order passed by
the first respondent in G.O.(2D) No.35 Environment & Forests
(FR.2.II) Department dated 28.11.2020, is hereby quashed. No
costs. The respondents are directed to regularise the service of
the petitioners on completion of ten years, from the date of
initial appointment with all attendant and consequential
benefits. The first respondent shall pass appropriate orders
within a period of eight weeks from the date of receipt of a
copy of this order."
4. The learned Additional Advocate General appearing for the
respondents assisted by T.Seenivasan, learned Special Government Pleader,
has submitted that the Government vide G.O.(2D) No.154, Environment,
Climate Change and Forests (FR.2(i)) Department, dated 26.09.2022, has
accorded permission to the Principal Chief Conservator of Forests to
regularize the service of the petitioners by relaxing Rule 2 of the Tamil
Nadu Forest Subordinate Service Special Rule, in compliance of the
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Cont. P. Nos.1431 and 1463 of 2022
direction of this Court. A copy of the said G.O. is also produced before this
Court.
5. The learned counsel for the petitioners admitted that the order of
this Court is complied with.
6. Recording the submissions of the learned Additional Advocate
General and the learned counsel for the petitioner, these Contempt Petitions
are closed. Consequently, connected sub applications are closed.
12.10.2022
pvs
https://www.mhc.tn.gov.in/judis
Cont. P. Nos.1431 and 1463 of 2022
S.S.SUNDAR.J.,
pvs
Contempt Petition Nos.1431 and 1463 of 2022
12.10.2022
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