Madras High Court
S.Faiyaz vs The State Of Tamil Nadu on 26 July, 2023
W.P.No.1383 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2023
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
W.P.No. 1383 of 2022
and W.M.P.No.1507 of 2022
S.Faiyaz .. Petitioner
Versus
1.The State of Tamil Nadu
Rep by the Principal Secretary to Government
Department of Environment, Forests and Climate Change
Fort St.George, Chennai – 600 009
2.The Principal Chief Conservator of Forests
Forest Department
Panagal Building
1, Geenis Road
Saidapet, Chennai – 600 015
3.The Divisional Forest Officer
Social Forestry & Extension Division
Krishnagiri – 1
Krishnagiri District. .. Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to regularise the
service of the petitioner as driver and pay time scale of pay from the date of
appointment with all consequential service as monetary benefits on par with
similarly placed persons.
For Petitioner : Ms.M.R.Jothimanian
For Respondents : Mr.M.Alagu Goutham
Government Advocate
1/6
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W.P.No.1383 of 2022
ORDER
This writ petition has been filed seeking to direct the respondents to
regularise the service of the petitioner as driver and pay time scale of pay
from the date of appointment with all consequential service as monetary
benefits on par with similarly placed persons.
2. It is the case of the writ petitioner that he was appointed a a Driver
on 01.07.2010 by the third respondent and is continuously working as a
driver in the Uthangarai Social Forestry and Extension Range Officer of the
third respondent Division till date. The third respondent has also
recommended for regularization in service vide proceedings dated
01.11.2021. Despite the same, Orders have not been passed.
3. In the counter, the third respondent took a stand that the petitioner
is working as a Driver on daily wages for more than 10 years without any
remarks to the satisfaction of the respondents and they also forward the
service particulars of the petitioner. However, it is the contention also raised
that as per the G.O.Ms.No.22, Personnel and Administrative Reforms (F)
Department dated 28.02.2006, the petitioner did not meet the yardstick
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W.P.No.1383 of 2022
prescribed that the petitioner should have completed 10 years of service as
on 01.01.2006. Further, the petitioner is also not appointed through the
Employment Exchange.
4. The learned counsel for the petitioner submitted that similarly
placed person were also filed writ petitions in W.P.Nos.19456 to 19458 of
2013, wherein, this Court, by Order dated 04.09.2017 directed the
respondents to regularise the service of the petitioners in the above case from
the date of initial appointment with all attendant and consequential benefits
and the same was also confirmed in W.A.Nos.1842 to 1844 of 2018, vide
Common Judgment dated 10.01.2019. Similarly, in the W.A.No.2796 of
20189, this Court also directed the regularization of service, which is also
challenged in S.L.P.(Civil).No.29276 of 2018 and the same has also been
dismissed. Considering the above Order, the Government have implemented
Government Orders in G.O.Ms.No.48, Environment and Forests (FR.2-II)
Department dated 27.05.2019 and G.O.Ms.No.8, Environment and Forests
(FR.2-II) Department dated 22.01.2021. Hence, seeks to allow this writ
petition.
https://www.mhc.tn.gov.in/judis
W.P.No.1383 of 2022
5. Heard both sides and perused the materials placed on record.
6. Having regard to the above facts that similarly situated persons are
reguarised and the Government Orders have also been passed, the
respondents shall consider the case of the petitioner and pass orders in light
of the directions earlier given by this Court in the writ petitions referred
above and Government Orders passed by them. Such exercise shall be
completed within a period of three months from the date of receipt of a copy
of this Order.
7. Accordingly, this writ petition stands disposed of. Consequently,
connected miscellaneous petition is closed. No costs.
26.07.2023
dhk
Neutral Citation : Yes/No
Index : Yes / No
Speaking Order : Yes / No
https://www.mhc.tn.gov.in/judis
W.P.No.1383 of 2022
To
1.The Principal Secretary to Government
The State of Tamil Nadu
Department of Environment, Forests and Climate Change
Fort St.George
Chennai – 600 009
2.The Principal Chief Conservator of Forests
Forest Department
Panagal Building
1, Geenis Road
Saidapet, Chennai – 600 015
3.The Divisional Forest Officer
Social Forestry & Extension Division
Krishnagiri – 1
Krishnagiri District.
N.SATHISH KUMAR, J.
https://www.mhc.tn.gov.in/judis
W.P.No.1383 of 2022
dhk
W.P.No.1383 of 2022
26.07.2023
https://www.mhc.tn.gov.in/judis
