Madras High Court
V.Mari vs The Government Of Tamil Nadu on 17 October, 2022
W.P.No.27299 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.27299 of 2022
and WMP No.26491 of 2022
1.V.Mari
2.V.Srirenga Pandian
3.V.Esakki
4.P.Veeran
5.O.palanisamy
6.K.Muniappan ... Petitioners
Versus
1.The Government of Tamil Nadu
Represented by its Secretary,
Environment and Forest Department,
Fort St.George, Chennai-600 009.
2. The Principal Chief Conservator of Forests,
Panagal Mallilgai, Jeenis Road,
Saidapet, Chennai-015. .... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying this Court to issue a writ of Mandamus directing the respondents to
regularise the service of petitioners after completion of ten years from the date of
initial appointment as a Plot Watcher on daily wage basis for the purpose of
getting pension and family pension in the light of the Hon'ble Supreme Court
judgment delivered in C.A.No.6789 of 2018 dated 02.09.20219 and order in WP
No.19023 of 2021 dated 09.09.2021 confer all consequential pensionary benefits
https://www.mhc.tn.gov.in/judis
by the way of considering our joint representation to the respondents dated
1/4
W.P.No.27299 of 2022
18.03.2022.
For Petitioners : Mr.S.Mani
For Respondents :Mr.K.H.Ravikumar
Government Advocate
ORDER
This writ petition has been filed for a Mandamus seeking for a
direction to the respondents to regularise their service on par with others with
effect from the date of completion of their ten years.
2. The petitioners have been regularised as Plot Watcher
(supernumerary)/Forest watcher on various dates between 07.08.2009 and
22.01.2014. They have also got superannuated . However, according to them,
the persons, who were appointed in the very same year, have been treated
differently by the respondents as they have been regularised immediately on
completion of their 10 years service. The petitioners state that if they were
regularised immediately on completion of their ten years service, they will be
getting better pensionary benefits. Only for the said purpose, they have given
joint representation on 18.03.2022 to the respondents requesting for regularising
their service on national basis with effect from the date when they completed 10
years of their service to enable them to get higher pensionary benefits. Since the
representation has not been considered till date, they have filed this writ petition.
3. Heard Mr.S.Mani, learned counsel appearing for the petitioner and
https://www.mhc.tn.gov.in/judis
W.P.No.27299 of 2022
Mr.K.H.Ravi Kumar, learned Government Advocate accepts notice on behalf of
the respondents. By consent of both the parties, the main writ petition has been
taken up for final disposal.
4. The learned Government Advocate appearing for the respondents
would submit that the petitioners have all been superannuated and they were
regularised between 2009 and 2014 and they have not approached this Court
immediately after they were regularised into service and therefore, on the
ground of laches, the present writ petition is not maintainable. He would further
submit that there is no acknowledgement produced by the petitioner to show that
the representation was duly acknowledged by the respondents. The statement
made by the learned Government Advocate appearing for the respondents is
recorded. However, this Court is of the considered view that no prejudice would
be caused to the respondents if the petitioner's representation as stated supra is
considered on merits and in accordance with law within a time frame to be fixed
by this Court.
5. For the foregoing reasons, this Court directs the first respondent to
pass final orders on the petitioners joint representation dated 18.03.2022,
seeking for regularisation of their service on par with others immediately on
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
W.P.No.27299 of 2022
sr
their completion of their 10 years on notional basis to enable them to get higher
pensionary benefits , on merits and in accordance with law within a period of
twelve weeks from the date of receipt of a copy of this order.
With the aforesaid direction, the writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
17.10.2022
sr
Index: Yes/No
Speaking Order/Non-Speaking Order
To
1.The Secretary,
Government of Tamil Nadu.
Environment and Forest Department,
Fort St.George, Chennai-600 009.
2. The Principal Chief Conservator of Forests,
Panagal Mallilgai, Jeenis Road,
Saidapet, Chennai-015.
W.P.No.27299 of 2022
https://www.mhc.tn.gov.in/judis
