Madras High Court
G.Parimala vs Government Of Tamil Nadu on 10 August, 2023
W.P.No.23434 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.23434 of 2023
G.Parimala ... 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.45, Environment,
Climate Change And Forests (FR.2ii) Department, dated 01.03.2023, on
the file of the 1st respondent and quash the same and consequently, to
direct the respondents to regularize the service of petitioners in the cadre
of Forest Watcher for the purpose of getting minimum pension / Family
pension by giving relaxation in respect of height 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.23647 of 2013, dated
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Page 1 of 8
W.P.No.23434 of 2023
12.09.2014, and affirmed by Division Bench in W.A.No.2072 of 2018,
dated 11.08.2021, and implementation order passed by the 1st respondent
in G.O.(2D) No.9, Environment, Climate Change and Forest (FR.2(ii)
Department, dated 08.02.2022, 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.45, Environment, Climate
Change And Forests (FR.2ii) Department, dated 01.03.2023, on the file of
the 1st respondent and quash the same and consequently, to direct the
respondents to regularize the service of petitioners in the cadre of Forest
Watcher for the purpose of getting minimum pension / Family pension by
giving relaxation in respect of height 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.23647 of 2013, dated 12.09.2014,
and affirmed by Division Bench in W.A.No.2072 of 2018, dated
11.08.2021, and implementation order passed by the 1st respondent in
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W.P.No.23434 of 2023
G.O.(2D) No.9, Environment, Climate Change and Forest (FR.2(ii)
Department, dated 08.02.2022, within a time limit that may be fixed by
this Court.
2.The case of the petitioner is that she was appointed as Social
Forest Worker on temporary basis in the year 1983 and subsequently, as
per G.O.Ms.No.95, Environment and Forest Department, dated
07.08.2009, her services have been brought under regular time scale of
pay as Plot Watcher [supernumerary post] in the year 2009. The petitioner
has worked in the Forest Department for more than 40 years on daily
wages. However, the petitioner was denied of the benefit of
accommodating her in the cadre post of Forest Watcher, only on the
ground that she does not possess requisite height as per the service Rules.
According to the petitioner, similarly placed persons, namely,
I.Alagarasan and others filed a writ petition before this Court in
W.P.No.23647 of 2013 for a similar relief and the same was allowed on
12.09.2014, as against which, the Government preferred an Appeal in
W.A.No.2072 of 2018, however, the order of the learned Single Judge has
been confirmed by the Division Bench by a judgment dated 11.08.2021.
The Government, after relaxing the height rule, regularised the services of
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W.P.No.23434 of 2023
the petitioners therein with effect from 24.01.1995 and 02.02.1995.
3.In this regard, the petitioners have 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.29010 of 2022 and the writ petition was disposed of, by order
dated 03.11.2022, directing the respondents to dispose of the
representation of the petitioner in line with the above Government Order.
Pursuant to the directions of this Court, now, the 2nd respondent, vide
impugned order dated 01.03.2023, has rejected the claim of the petitioner
stating that there is no provision for regularization of service, as the
petitioner has retired from service. Challenging the same, the present writ
petition has been filed.
4.The impugned order has been challenged mainly on the
ground that the service of similarly placed persons have been regularized
with effect from 24.01.1995 and 02.02.1995 in the light of the orders of
this Court in W.A.No.2072 of 2018 dated 11.08.2021 and the Government
Order in G.O.[2BD] No.09, Environment, Climate Change and Forest
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W.P.No.23434 of 2023
[FR.2[ii]] Department, dated 08.02.2022.
5.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.
6.Admittedly, the grievance of the writ petitioner is that she is
seeking regularization of service for pensionary benefits. It is the
contention of the writ petitioner that similarly placed persons have been
given such benefits as per Government Orders in G.O.Ms.No.95,
Environment and Forest Department, dated 07.08.2009, G.O (2D) No.08,
Environment, Climate Change and Forests (FR(2ii)) Department, dated
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W.P.No.23434 of 2023
07.02.2022, and G.O. [2D] No.9, Environment, Climate Change and
Forests (FR(2ii)) Department, dated 08.02.2022. Based on the orders of
this Court in W.A.No.2072 of 2018, dated 11.08.2021, the Government
have issued the Government Order in G.O (2D) No.08, Environment,
Climate Change and Forests (FR(2ii)) Department, dated 07.02.2022. 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.
7.In such view of the matter, the impugned order of the 2nd
respondent, dated 01.03.2023, is set aside and the respondents shall extend
the benefits as per above Government Orders to the petitioner, as it is
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W.P.No.23434 of 2023
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.
8.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.
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W.P.No.23434 of 2023
N. SATHISH KUMAR, J.
mkn
W.P.No.23434 of 2023
10.08.2023
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