Madras High Court
N.Pachayappan vs The Principal Chief Conservator ... on 8 September, 2022
W.P.No.21934 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.09.2022
Coram
The Honourable Mr.Justice K.KUMARESH BABU
W.P.No.21934 of 2010
and M.P.No.1 of 2010
N.Pachayappan
...Petitioner
Versus
1.The Principal Chief Conservator of Forest,
Panagal Maligai,
Saidapet, Chennai – 15.
2.The Deputy Conservator of Forest,
Afforestation Division,
Thiruvannamali District.
3.The Forest Ranger,
A Forestation Range,
Cheyyar, Thiruvannamalai District.
4.The Extension Officer,
(Social Forestry),
West Arni Block,
Thiruvannamalai District.
5.Annamalai,
President of Tamil Nadu Afforestation Project,
Padaivedu, Pudur Village,
Polur Taluk, Thiruvannamalai District.
...Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.21934 of 2010
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of certiorarified mandamus calling for the
records of impugned order in Na.Ka.No.L.L1/5361/2010 dated 15.07.2010
from the file of first respondent and quash the same and directing the
respondents to give benefits to petitioner as per G.O.(Ms).No.64 dated
08.03.1999 and G.O.(Ms).No.95 Environment and Forest Department dated
07.08.2009.
For Petitioner : Mr.P.Ganapathy
For Respondents – 1 to 4 : Mr.T.Chezhiyan,
Additional Government Pleader
For Respondent – 5 : No Appearance
ORDER
This writ petition has been filed challenging the order passed by the
first respondent in Na.Ka.No.L.L1/5361/2010 dated 15.07.2010, rejecting
the representation made by the petitioner seeking appointment pursuant to
the Government Orders made in G.O.Ms.No.64 Environment & Forest
Department dated 08.03.1999 and G.O.Ms.No.95 Environment & Forest
Department dated 07.08.2009.
https://www.mhc.tn.gov.in/judis
W.P.No.21934 of 2010
2. According to the petitioner, he has joined as plot watcher in the
year 1985 and engaged in the social forestry work under the control of
fourth respondent from 1985 to 1996. Subsequently, he was transferred to
Forest Department in the year 1997 and working in the third respondent
Range, Cheyyar circle, from 01.01.1997 to 31.12.2006. Thereafter, he was
transferred to the office of the fifth respondent. He was working in the
Forest Department for 25 years only on daily wages basis. Aggrieved over
the same, he has filed a writ petition in W.P.No.168 of 2010, seeking to
direct the respondents 1 & 2 to appoint him in regular basis as per
G.O.Ms.No.64 dated 08.03.1999 and G.O.Ms.No.95 Environment and
Forest Department dated 07.08.2009. This Court vide order dated
19.04.2010, disposed of the said writ petition by observing as follows:
“6. Keeping the submissions made on either side, while
following the judgment delivered by this Court in batch of Writ
Petitions in W.P.Nos.265 of 2009 etc., dated 23.03.2010, I hereby
direct the petitioner to place the details of service rendered by him
to the first respondent including to break in service, so that
cumulatively, if they are satisfied with the requirement of ten years
service as per G.O.Ms.No.95 dated 07.08.2009, the petitioner could
be considered for absorption. The petitioner is directed to furnish
the details of service within two weeks from the date of receipt of a
copy of this order and on receipt of such particulars, first
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W.P.No.21934 of 2010
respondent shall pass orders after the completion of entire exercise
within a period of another ten weeks.
7. In the light of the above directions, the Writ Petition is
disposed of. No costs.”
3. As per the direction issued by this Court in W.P.No.168 of 2010
dated 19.04.2010, the petitioner made a representation dated 28.05.2010,
however, the first respondent has rejected the same by holding that the
petitioner has not produced any material whatsoever to claim the benefit of
G.O.Ms.No.64 Environment & Forest Department dated 08.03.1999 and
G.O.Ms.No.95 Environment & Forest Department dated 07.08.2009 since
the said Government Orders would only enure to the benefit of the persons
working in the Forest Department. Therefore, left with no other alternative,
the petitioner has knocked the doors of this Court with the present writ
petition.
4. The learned counsel for the petitioner submitted that the
petitioner's name could be considered for appointment as he had been
continuously working in a place which was under the control of the Forest
Department.
https://www.mhc.tn.gov.in/judis
W.P.No.21934 of 2010
5. Per Contra, the learned counsel appearing for the respondents 1 to
4 submitted that the seniority list was drawn by the Forest Department only
as per the Government Orders. The petitioner's name did not find place in
the said seniority list, because, his initial appointment was under the Rural
Development Department and not under the Forest Department. So, the
benefit of G.O.Ms.No.64 Environment & Forest Department dated
08.03.1999 and G.O.Ms.No.95 Environment & Forest Department dated
07.08.2009 could not be extended to the petitioner.
6. The case of the respondents is that only persons whose names
were listed in the seniority list pursuant to the initial Government Order in
G.O.Ms.No.64 Environment & Forest Department dated 08.03.1999, would
be entitled for appointment to the supernumerary post of Plot Watcher.
Since the petitioner's name was not found in the said seniority list, he would
not be entitled for appointment to the said post.
7. At this juncture, the learned counsel for the petitioner drew the
attention of this Court to G.O.Ms.No.202 Environment & Forest
Department dated 18.12.2013. A bare perusal of G.O.Ms.No.202
https://www.mhc.tn.gov.in/judis
W.P.No.21934 of 2010
Environment & Forest Department dated 18.12.2013 would show that the
Government after considering the recommendation of the first respondent,
had considered the case of 243 persons whose names have not been
included in the seniority list, though they had worked under the Forest
Department for more than 10 years and directed appointment to them. It is
to be noted that the names of aforesaid 243 persons were considered for
appointment as per the direction of this Court. Therefore, the learned
counsel prayed this Court that the case of the petitioner may also be
considered in the light of G.O.Ms.No.202 Environment & Forest
Department dated 18.12.2013.
8. I have considered the arguments made by the learned counsel on
either side and perused the materials available on record.
9. Considering the Government Order in G.O.Ms.No.202
Environment & Forest Department dated 18.12.2013, I am of the opinion
that the first respondent would consider the case of the petitioner since the
petitioner has been continuously working under the Forest Department,
even though he was appointed by the Rural Development Department.
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W.P.No.21934 of 2010
10. In view of the above facts and circumstances of the case, this
Court directs the petitioner to submit a fresh representation comprising his
full service particulars regarding his working period in the Forest
Department before the first respondent along with a copy of this order,
within a period of two weeks from the date of receipt of a copy of this order.
On such representation being made, the first respondent shall consider the
same and pass appropriate orders, on merits and in accordance with law,
within a period of eight weeks thereafter.
11. This writ petition is disposed of with the above directions.
However, there shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
08.09.2022
mrr
Index : Yes/No
Speaking Order (or) Non-Speaking Order
https://www.mhc.tn.gov.in/judis
W.P.No.21934 of 2010
K.KUMARESH BABU, J.
mrr
To
1.The Principal Chief Conservator of Forest,
Panagal Maligai,
Saidapet, Chennai – 15.
2.The Deputy Conservator of Forest,
Afforestation Division,
Thiruvannamali District.
3.The Forest Ranger,
A Forestation Range,
Cheyyar, Thiruvannamalai District.
4.The Extension Officer,
(Social Forestry),
West Arni Block,
Thiruvannamalai District.
5.Annamalai,
President of Tamil Nadu Afforestation Project,
Padaivedu, Pudur Village,
Polur Taluk, Thiruvannamalai District.
W.P.No.21934 of 2010
08.09.2022
https://www.mhc.tn.gov.in/judis
