Madras High Court
V.Loganathan vs The Government Of Tamil Nadu on 6 October, 2023
W.P.(MD).No.23104 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.10.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.23104 of 2023
1.V.Loganathan
2.P.Sangu
3.M.K.Subramanian
4.M.Kalimuthu ... Petitioners
Vs.
1.The Government of Tamil Nadu,
Represented by its Secretary to Government,
Finance (Pension) Department,
Fort St. George,
Chennai-9.
2.The Principal Chief Conservator of Forests,
Panagal Building,
Chennai-15. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the respondents to
regularize the service of petitioners after completion of ten years from 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 Hon'ble Supreme Court
judgment delivered in C.A.No.6789 of 2019, dated 02.09.2019 confer all
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W.P.(MD).No.23104 of 2023
consequential pensionary benefits by the way of considering our joint
representation to the respondents, dated 28.06.2023.
For Petitioners : Mr.G.Chandrasekar
For Respondents : Mr.R.Suresh Kumar
Additional Government Pleader
ORDER
The present writ petition has been filed by four petitioners contending
that they were initially appointed as Social Forestry Watcher in the Forest
Department in the year 1986 on a daily wage basis and their services were
subsequently regularised in the post of Plot Watcher by an order of the second
respondent, dated 31.08.2009 with effect from 07.08.2009. All the petitioners
had attained superannuation on different dates as detailed below:
Name Date of Seniority number Date of Date of
appointment Regularization retirement
as daily wage
V.Loganathan 01.10.1986 4842 07.08.2009 28.02.2022
P.Sangu 01.12.1982 2297 10.07.2007 29.02.2016
M.K.Subramaniyan 11.01.1983 3083 07.08.2009 30.04.2022
M.Kalimuthu 01.08.1983 1793 07.08.2007 31.12.2019
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W.P.(MD).No.23104 of 2023
2. The Government of Tamil Nadu has issued G.O(Ms)No.95 of the
Environment and Forest (F-2) Department, dated 07.08.2009, wherein the Plot
Watchers have been regularised. After attaining superannuation, another set of
Plot Watchers had approached this Court by filing a writ petition in W.P.No.
19023 of 2021 seeking a Mandamus to regularise their services from the date of
initial appointment as Plot Watchers for the purpose of getting pension and all
other consequential benefits. The said writ petition was allowed by this Court
on 09.09.2021. Another set of 14 similarly placed persons have filed W.P.No.
21627 of 2021 seeking a similar relief. The said writ petition was allowed by
this Court on 07.10.2021. In compliance with the orders passed by this Court in
W.P.No.21627 of 2021, the Government of Tamil Nadu in G.O(2D)No.127
Environment, Climate Change and Forest (FR.2ii) Department, dated
03.06.2023 has passed a Government order regularising the services of those
petitioners from the date of their initial appointment.
3. The learned Additional Government Pleader appearing for the
respondents pointed out that as per Clause 9 of the said Government order it
should not be cited as a precedent in future.
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W.P.(MD).No.23104 of 2023
4. The four petitioners in the present writ petition are also similarly
placed and their services may also be regularised from the date of their initial
appointment, so that, the said services would be calculated for the purposes of
pension.
5. I have carefully considered the submissions made on either side.
6. A perusal of the orders of this Court in W.P.No.19023 of 2021, dated
09.09.2021 and W.P.No.21627 of 2021, dated 07.10.2021 would clearly reveal
that the petitioners in those writ petitions are similarly placed to the petitioners
in the present writ petition. In view of the above said facts, this Court is
inclined to allow the present writ petition and direct the respondents herein to
regularize the services of the petitioners from the date of their initial
appointment as Plot Watchers for the purpose of getting pension, family
pension and all other consequential benefits. The said exercise shall be
completed within a period of twelve (12) weeks from the date of receipt of a
copy of this order.
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W.P.(MD).No.23104 of 2023
7. This writ petition stands allowed to the extent as stated above. There
shall be no order as to costs.
06.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
1.The Secretary to Government,
The Government of Tamil Nadu,
Finance (Pension) Department,
Fort St. George,
Chennai-9.
2.The Principal Chief Conservator of Forests,
Panagal Building,
Chennai-15.
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W.P.(MD).No.23104 of 2023
R.VIJAYAKUMAR, J.
BTR
W.P.(MD).No.23104 of 2023
06.10.2023
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