Madras High Court
K.Muthulakshmi vs The Government Of Tamilnadu on 3 August, 2023
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022 &
WMP.Nos.121331 & 17564 of 2023 & 29926, 29923 of 2022
W.P.No.21965 of 2023
K.Muthulakshmi ... Petitioner
Vs
1. The Government of Tamilnadu,
Rep. 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 in W.P.No.21965 of 2023 :- Writ Petition filed under the Article
226 of Constitution of India, to issue a Writ of Certiorarified Mandamus
Calling for the entire records which culminated in issuing in Ref.
https://www.mhc.tn.gov.in/judis
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022
No.Pen1/55559/2019 dated 19.06.2023 on the file of the second
respondent and quash the same and consequently directing the
respondent to regularize the service of the 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.6798
of 2019 dated 02.09.2019 and Order in W.P.No.19023 of 2021 dated
09.09.2021 same was implemented by the Government in G.O.[2D]
No.91 Forest Environment, Climate Change and Forest [FR.2[II]
Department dated 30.06.2022 and confer all consequential pensionary
benefits.
For Petitioner : Mr.S.Mani in all WPs
For Respondents : Mr.R.Neelakandan, AAG VIII
Asst. by Mr.S.Arumugam,
Government Advocate – R1 & R2
COMMON ORDER
These Writ Petitions have been filed to quash the letter in Ref.
No.Pen1/55559/2019 dated 19.06.2023 on the file of the second
respondent and consequently direct the respondent to regularize the
https://www.mhc.tn.gov.in/judis
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022
service of the 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.6798 of 2019 dated
02.09.2019 and Order in W.P.No.19023 of 2021 dated 09.09.2021 and
the same was implemented by the Government in G.O.[2D] No.91 Forest
Environment, Climate Change and Forest [FR.2[II] Department dated
30.06.2022 and confer all consequential pensionary benefits to the
petitioners. The Writ Petition in W.P.Nos.18365 of 2023 and 30489 of
2022 have also been filed to quash the G.O.[2D] No.91 Forest
Environment, Climate Change and Forest [FR.2[II] Department dated
30.06.2022 and confer pensionary benefits to the petitioners.
2. The Writ Petitions in W.P.Nos.18370 and 20845 of 2023 have
been filed by the wife to regularize the services of their husband as Plot
Watchers in the light of the above Orders passed by this Court.
https://www.mhc.tn.gov.in/judis
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022
3. The Writ Petitions in W.P.Nos.18365, 18368 and 18371 of 2023
have been filed to consider the representation of the petitioners and to
regularise their service for getting pension and family pension.
4. The facts in all the Writ Petitions are almost identical, barring
the dates and therefore, the facts as spoken in W.P.No.21351 of 2023 is
taken up for dealing the facts.
5. The case of the petitioner is that the husband of the petitioner
was appointed as a Plot Watcher on temporary basis on 01.04.1986 and
subsequently as per G.O.Ms.No.95, Environment and Forest Department,
dated 07.08.2009, his services have been brought into regular time scale
of pay as plot watcher [supernumerary post]. The husband of the
petitioner has worked in the forest department for more than 29 years on
daily wages. As the services of the husband of the petitioner has been
regularised after 01.04.2003, he did not get pensionary benefits after
retirement. But services of the juniors to the husband of the petitioner
https://www.mhc.tn.gov.in/judis
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022
has been regularised their service before 01.04.2003 are getting
pensionary benefits. However, the husband of the petitioner was denied
of such benefit of accommodating him in the cadre post of forest watcher
only on the ground that his request is contrary to Order of the Division
Bench of this Court in W.A.No.158 of 2016 and batch cases dated
03.12.2019. According to the petitioner, similarly placed persons have
already filed a Writ Petition in W.P.No.19027 of 2021 and the same was
allowed and the Government also issued Government Order in G.O.[2D]
No.91 Forest Department dated 30.06.2022. In this regard, the
representation made by the petitioner has been rejected by the second
respondent vide Order dated 19.06.2023. Challenging the same, the
present Writ Petition has been filed.
6. 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 W.P.No.19027 of 2021 and the
same was accepted by the Government and issued Government Order in
G.O.Ms.No.91 Forest Department dated 30.06.2022.
https://www.mhc.tn.gov.in/judis
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022
7. The learned Additional Advocate General placed reliance on the
Order of the Division bench of this Court in W.A.No.158 of 2016 and
batch cases and submitted that in the above 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, submitted that
the impugned Order does not warrant any interference.
8. Admittedly, the grievance of the writ petitioner is that the
petitioner is seeking regularization of the service of her husband for
pensionary benefits. It is the contention of the writ petitioner that
similarly persons have been given such benefits as per Government
https://www.mhc.tn.gov.in/judis
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022
Orders of this Court in W.P.No.19027 of 2021 and the same was
accepted by the Government and issued Government Order in
G.O.Ms.No.91 Forest Department dated 30.06.2022. Hence, the
respondent ought to have considered the claim of the petitioner to
regularize the service of her husband 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
judgment of the Apex Court in C.A.No.6798 of 2019 dated 02.09.2019
and Order in W.P.No.19023 of 2021 dated 09.09.2021. As per the above
Orders, the relief has been extended to similarly placed persons.
9. In such view of the matter, the respondents are directed to
consider the case of the petitioner in the light of the judgment of the
Apex Court and Orders of this Court and as per the above Government
Order, as the benefit has been extended to similarly placed person. In
fact the plot watchers are frontline soldiers in forest and they are main
protectors of the forest. These facts cannot be disputed by any one.
Hence, while passing the Orders, the Government shall take into
https://www.mhc.tn.gov.in/judis
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022
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 husband of the petitioner is not granted such relief, the same
is nothing but discrimination and it violates Article 14 of Constitution of
India. In such view of the matter, the respondent shall extend the
benefits as per above Government Order as it is extended to similarly
situated persons.
10. As far as the Writ Petitions in W.P.Nos.18365, 18368 and
18371 of 2023 are concerned, the respondents are directed to extend the
benefits to the petitioners and in Writ Petitions in W.P.Nos.18370 and
20845 of 2023 to regularize the services of the husband of the petitioners
as Plot Watchers as per the above Government Order 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.
11. With the above directions, the impugned Orders W.P.Nos.
21965, 18365 of 2023, 30486 and 30489 of 2022 are set aside and all the
https://www.mhc.tn.gov.in/judis
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022
Writ Petitions are disposed of accordingly. Consequently, connected
miscellaneous petitions are closed. No costs.
03.08.2023
Index:Yes/No
Neutral Citation : Yes/No
vrc
To,
1. The Government of Tamilnadu,
Rep. 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.
https://www.mhc.tn.gov.in/judis
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022
N.SATHISH KUMAR, J.
vrc
WP.Nos.21965, 18365, 18368, 18370, 18371, 20845 of 2023 &
30489 & 30486 of 2022
03.08.2023
https://www.mhc.tn.gov.in/judis
