Madras High Court
C.Duraisamy vs State Of Tamil Nadu on 7 August, 2023
WP.Nos.19406 & 19411 of 2023,
30267 of 2022 and
9835 & 19135 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
WP.Nos.19406 & 19411 of 2023, 30267 of 2022
and 9835 & 19135 of 2021
W.P.No.19406 of 2023
1.C.Duraisamy
2.S.Periyasamy
3.G.Kantha .. Petitioners
Versus
1.State of Tamil Nadu
Rep by its Principal Secretary to Government
Environment, Forest and Climate Change Department
Fort St.George
Chennai – 600 009
2.The Principal Chief Conservator of Forests
Head of Forest Force
No.1, Genies Road
Panagal Maligai
Saidapet, Chennai – 15
3.The Divisional Forest Officer
Krishnagiri Social Forestry & Extension Division
Krishnagiri, Krishnagiri District
1/10
https://www.mhc.tn.gov.in/judis
WP.Nos.19406 & 19411 of 2023,
30267 of 2022 and
9835 & 19135 of 2021
4. The Divisional Forest Officer
Social Forestry and Extension Division
Dharmapuri – 5, Dharmapuri District
5.The Accountant General of Tamil Nadu
Office of the Accountant General
Anna Salai, Teynampet
Chennai – 18 .. Respondents
Prayer in W.P.No.19411 of 2023 :- Writ Petition filed under the Article
226 of Constitution of India, to issue a Writ of Mandamus, directing
respondents to regularise the service of the 1st and 2nd petitioners and 3rd
petitioner's husband viz., R.Govindaraj from the date on which
completing ten years of service as plot watchers on daily wage basis for
the purpose of getting pension/family pension in the light of the Hon'ble
Supreme Court Judgment reported in (2019) 10 SCC 516 confer all
consequential pensionary benefits from the date of their retirement by
sending the proposal to the fifth respondent for granting pension/family
pension with all consequential benefits.
For Petitioner : Mr.M.R.Jothimanian
For Respondents : Mr.S.Arumugham for R1 – R4
Government Advocate
Mr.V.Vijaya Shankar for R5
COMMON ORDER
These Writ Petitions have been filed seeking to direct the
respondents to regularise the service of the petitioners/respective
petitioner's husband from the date on which of completing ten years of
service as plot watchers on daily wage basis for the purpose of getting
https://www.mhc.tn.gov.in/judis
WP.Nos.19406 & 19411 of 2023,
30267 of 2022 and
9835 & 19135 of 2021
pension/Family Pension in the light of the Hon'ble Supreme Court
Judgment reported in (2019) 10 SCC 516 and confer all consequential
pensionary benefits from the date of their retirement by sending the
proposals to the respective fifth/sixth respondent for granting pension
with all consequential benefits.
2. The facts in all the Writ Petitions are almost identical, barring the
dates and therefore, the facts as spoken in W.P.No.19406 of 2023 is
taken up for dealing the facts.
3.a. The first petitioner was appointed as a Plot Watcher and
subsequently his service was brought into regular time scale of pay as
plot watcher [supernumerary post] and thereafter, he was appointed as
Night Watchman and retired from service on 31.05.2020.
b. The second petitioner was appointed as a Plot Watcher and
subsequently his service was brought into regular time scale of pay as
plot watcher [supernumerary post] and retired from service on
31.06.2019.
https://www.mhc.tn.gov.in/judis
WP.Nos.19406 & 19411 of 2023,
30267 of 2022 and
9835 & 19135 of 2021
c. The third petitioner's husband was appointed as a Plot Watcher
and subsequently his service was brought into regular time scale of pay
as plot watcher [supernumerary post] and died on 23.02.2019, while he
was in service.
4. The petitioners 1 and 2 and the husband of the third petitioner
have worked in the forest department for more than 20 years on daily
wages. As their services have been regularised after 01.04.2003, they did
not get the pensionary benefits after retirement. But services of the
juniors to the petitioners 1 and 2 and husband of the third petitioner have
been regularised their service before 01.04.2003 are getting pensionary
benefits. According to the petitioners, similarly placed persons have
already filed a Writ Petition in W.P.No.19023 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. Hence, this writ petition is
filed seeking pensionary benefits as granted to the similarly situated
persons.
https://www.mhc.tn.gov.in/judis
WP.Nos.19406 & 19411 of 2023,
30267 of 2022 and
9835 & 19135 of 2021
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
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, honorarium 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, opposed the writ petition.
6. Admittedly, the grievance of the writ petitioners are seeking
regularization of service of petitioners 1 and 2 and husband of the third
petitioner for pensionary benefits. It is the contention of the writ
petitioners that similarly situated persons have been given such benefits
as per Government Orders of this Court in W.P.No.19023 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
https://www.mhc.tn.gov.in/judis
WP.Nos.19406 & 19411 of 2023,
30267 of 2022 and
9835 & 19135 of 2021
respondents ought to have considered the claim of the petitioners 1 & 2
and the third petitioner's husband to regularize their service 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.
7. In such view of the matter, the respondents are directed to
consider the case of the petitioners 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
consideration the nature of service rendered by the petitioners and also
the fact that when similarly placed persons have already been granted the
https://www.mhc.tn.gov.in/judis
WP.Nos.19406 & 19411 of 2023,
30267 of 2022 and
9835 & 19135 of 2021
relief, if the petitioners 1 and 2 and the husband of the third petitioner are
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.
8. As far as the Writ Petitions in W.P.Nos.9835 & 19135 of 2021
and W.P.No. 19411 of 2023 are concerned, the respondents are directed
to extend the benefits to the petitioners and insofar as Writ Petitions in
W.P.Nos.30267 of 2022 and 19406 of 2023 are concerned, the
respondents are directed to regularize the services of the first petitioner
and husband of the petitioners 2 to 4; petitioners 1 & 2 and husband of
the third petitioner respectively 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.
https://www.mhc.tn.gov.in/judis
WP.Nos.19406 & 19411 of 2023,
30267 of 2022 and
9835 & 19135 of 2021
9. With the above directions, these writ petitions stands disposed of.
07.08.2023
Index:Yes/No
Internet: Yes/No
Neutral Citation : Yes/No
dhk
To,
1.The Principal Secretary to Government
State of Tamil Nadu
Environment, Forest and Climate Change Department
Fort St.George, Chennai – 600 009
2.The Principal Chief Conservator of Forests
Head of Forest Force
No.1, Genies Road
Panagal Maligai
Saidapet, Chennai – 15
3.The District Forest Officer
Dharmapuri Forest Division
Dharmapuri – 5, Dharmapuri District
4.The District Forest Officer
Hosur Forest Division
Hosur, Krishnagiri District
https://www.mhc.tn.gov.in/judis
WP.Nos.19406 & 19411 of 2023,
30267 of 2022 and
9835 & 19135 of 2021
5. The Divisional Forest Officer
Social Forestry and Extension Division
Dharmapuri – 5, Dharmapuri District
6.The District Forest Officer
Vellore Forest Division
Vellore, Vellore District
7. The Accountant General of Tamil Nadu
Office of the Accountant General
Anna Salai, Teynampet
Chennai – 18
8. The Divisional Forest Officer
Krishnagiri Social Forestry & Extension Division
Krishnagiri, Krishnagiri District
https://www.mhc.tn.gov.in/judis
WP.Nos.19406 & 19411 of 2023,
30267 of 2022 and
9835 & 19135 of 2021
N.SATHISH KUMAR, J.
dhk
WP.Nos.19406 & 19411 of 2023, 30267 of 2022
and 9835 & 19135 of 2021
07.08.2023
(½)
https://www.mhc.tn.gov.in/judis
