Madras High Court
S.Paramasivam vs Government Of Tamil Nadu on 10 August, 2023
W.P.No.23409 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
W.P.No.23409 of 2023
S.Paramasivam ... Petitioner
Vs.
1.Government of Tamil Nadu,
Represented by its Additional Chief Secretary,
Environment and Forest Department,
Fort St. George, Chennai – 600 009.
2.The Principal Chief Conservator of Forests,
(Head of Forest Force)
Velachery Main Road, Guindy,
Chennai – 600 032. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus to call for the entire
records which culminated in issuing G.O.(2D)No.76, Environment,
Climate Change and Forests (FR.2ii) Department, dated 05.04.2023, on
the file of the 1st respondent and quash the same and consequently to direct
the respondents to regularize the service of petitioner in the cadre of Forest
Watcher for the purpose of getting minimum pension / family pension on
par with juniors, namely P.Karuppiah S.No. 4608, with effect from
24.01.1995 in the light of the order passed by this Court in W.P.No.15561
of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009,
W.P.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated
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W.P.No.23409 of 2023
29.03.2010 and proceedings of the 2nd respondent dated 07.01.2011 and
order in W.P.No.19020 of 2021 dated 09.09.2021 within a time limit that
may be fixed by this Court.
For Petitioner : Mr.S.Mani
For Respondents : Mr.S.Arumugam
Government Advocate
ORDER
This writ petition has been filed to call for the entire records
which culminated in issuing G.O.(2D)No.76, Environment, Climate
Change and Forests (FR.2ii) Department, dated 05.04.2023, on the file of
the 1st respondent and quash the same and consequently to direct the
respondents to regularize the service of petitioner in the cadre of Forest
Watcher for the purpose of getting minimum pension / family pension on
par with juniors, namely P.Karuppiah S.No. 4608, with effect from
24.01.1995 in the light of the order passed by this Court in W.P.No.15561
of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009,
W.P.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated
29.03.2010 and proceedings of the 2nd respondent dated 07.01.2011 and
order in W.P.No.19020 of 2021 dated 09.09.2021 within a time limit that
may be fixed by this Court.
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W.P.No.23409 of 2023
2.The case of the petitioner is that he joined the Forest
Department as Plot Watcher on daily wage basis on 01.05.1982 and
subsequently, his services as Plot Watcher was regularized on 26.10.2012.
Whereas, his juniors were regularised as early as on 24.01.1995. Hence,
there is a vast disparity and discrimination in the matter of regularization
of service of the petitioner on par with his juniors, Venkatachalam and
others, who were brought under regular time scale of pay on 24.01.1995.
The Government issued an order in G.O.Ms.No.64, Environment and
Forest Department, dated 08.03.1999, whereby G.O.Ms.No.332,
Environment and Forest Department, dated 22.12.1994, was superseded or
revoked, by virtue of which, the requirement of SSLC as a qualification for
appointment to the post of Plot Watcher is no longer in existence. The
petitioner further states that, similarly placed persons, namely,
P.Sundaram and P.Govindan and 23 others filed W.P.Nos.15561 of 2006
and 23374 of 2008 before this Court and the same was disposed on
10.03.2008 and 30.10.2009, respectively, with a direction to consider their
claim for appointment as Forest Watcher on par with their juniors. As
against the said order, the Department went on appeal in W.A.Nos.690 of
2008 and 607 of 2010 and the same were dismissed by the Division Bench
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W.P.No.23409 of 2023
of this Court on 13.10.2009 and 29.03.2010 respectively. Pursuant to the
dismissal of the appeals, the respondents implemented the orders of this
Court by passing orders dated 15.11.2010 and 07.01.2010 respectively
and in the light of the G.O.[2D] No.122, dated 12.08.2022.
3.The grievance of the petitioner is that he is also similarly
placed and therefore, the benefits of the orders of this Court have to be
extended to the petitioner also and in this regard, the petitioner has made
several representations to regularize the service of the petitioner as per the
Government Order, however, the same were not considered by the
respondents. Therefore, the petitioner filed a writ petition in
W.P.No.28329 of 2022 and the writ petition was disposed of, by order
dated 27.10.2022, directing the respondents to dispose of the
representation of the petitioner. Pursuant to the directions of this Court,
now, the 1st respondent, vide impugned order dated 05.04.2023, has
rejected the claim of the petitioner citing the judgment of the Hon'ble
Supreme Court of India in Secretary to Government, School Education
Department v. R.Govindasamy and others [2014 (4) SCC 769] and also
by stating that the petitioner has already availed the benefit of service
regularisation as per the Government policy and he cannot seek another
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W.P.No.23409 of 2023
benefit such as pension and family pension. Challenging the same, the
present writ petition has been filed.
4.The learned Government Advocate placed reliance on the order
of the Division Bench of this Court in W.A.No.158 of 2016 and batch of
cases and submitted that, in the said Writ Appeal, the Division Bench of
this Court has held that the Government servants who were appointed in
non-provincialized service, consolidate pay, honoarium or daily wages
basis before 01.04.2003, but were absorbed in regular service after
01.0.2003, will not be entitled to count half of their past service for the
purpose of determination of qualifying service for pension. Further,
Special Leave Petitions filed by certain petitioners against the said order
has also been dismissed. Hence, he submitted that the impugned order
does not warrant any interference.
5.Admittedly, the grievance of the writ petitioner is that he is
seeking regularization of service for pensionary benefits. It is the
contention of the writ petitioner that similarly persons have been given
such benefits as per orders in W.A.Nos.690 of 2008 and 607 of 2010,
dated 13.10.2009 and 29.03.2010 respectively, and the Government Order
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W.P.No.23409 of 2023
in G.O.[2BD] No.64, Environment and Forest Department, dated
08.03.1999. As per the above Government Orders, the relief has been
extended to the similarly placed persons. Hence, the respondents shall also
consider the case of the petitioner in the light the above Government
Orders, as the benefit has been extended to similarly placed persons. In
fact, the Plot Watchers are frontline soldiers in forest and they are the main
protectors of the forest. These facts cannot be disputed by any one.
Hence, while passing the orders, the Government shall take into
consideration the nature of service rendered by the petitioners and also the
fact that, when similarly placed persons have already been granted the
relief, if the petitioners are not granted such relief, the same is nothing but
discrimination and violative of Article 14 of Constitution of India.
6.In such view of the matter, the impugned order of the 1 st
respondent, dated 05.04.2023, is set aside and the respondents shall
extend the benefits as per above Government Orders to the petitioner, as it
is extended to similarly situated persons. Such an exercise shall be
completed within a period of six months from the date of receipt of a copy
of this order.
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W.P.No.23409 of 2023
7.Accordingly, this writ petition is disposed of. No costs.
10.08.2023
mkn
Internet : Yes
Index : Yes / No
Neutral citation : Yes / No
Speaking order / Nonspeaking order
To
1.The Additional Chief Secretary,
Government of Tamil Nadu,
Environment and Forest Department,
Fort St. George, Chennai – 600 009.
2.The Principal Chief Conservator of Forests,
(Head of Forest Force)
Velachery Main Road, Guindy,
Chennai – 600 032.
N. SATHISH KUMAR, J.
https://www.mhc.tn.gov.in/judis
W.P.No.23409 of 2023
mkn
W.P.No.23409 of 2023
10.08.2023
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