Madras High Court
K.Jeyaraman vs Government Of Tamil Nadu on 13 September, 2023
W.P.No.26461 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.26461 of 2023
K.Jeyaraman ... Petitioner
Vs.
1.Government of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Environment and Forest Department,
Fort St.George, Chennai – 600 009.
2.The Principal Chief Conservator of Forests,
(Head of Forest Force),
Velacherry Main Road, Guindy,
Chennai-32. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents to regularize the
petitioner service in the cadre of forest watcher for purpose of getting
minimum pension by giving relaxation in respect of height same was done
similarly placed person like petitioner namely I.Alagarasen and 4 others on
08.09.2022 with effect from 24.01.1995 and 02.02.1995 and in the light of
the order passed by this Court in W.P.No.23647 of 2013 dated 12.09.2014
same was affirmed by Division Bench in W.A.No.2072 of 2018 dated
11.08.2021 and same was implemented by the 1st respondent in G.O.(2D)
No.09 Environment, Climate Change and Forest (FR.2(II)) Department,
dated 08.02.2022 basis of representation dated 20.01.2023 within a time
limit that may be fixed by this Court.
For Petitioner : Mr.S.Mani
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W.P.No.26461 of 2023
For Respondents : Mr.R.Neelakandan,
Additional Advocate General assisted by
Mr.S.Arumugham,
Government Advocate
ORDER
This Writ Petition has been filed to direct the respondents to
regularize the petitioner's service in the cadre of Forest Watcher for the
purpose of getting minimum pension by giving relaxation in respect of
height and the same was done for similarly placed person like petitioner
namely I.Alagarasen and 4 others on 08.09.2022 with effect from
24.01.1995 and 02.02.1995 and in the light of the order passed by this Court
in W.P.No.23647 of 2013, dated 12.09.2014 and the same was affirmed by
the Hon'ble Division Bench of this Court in W.A.No.2072 of 2018, dated
11.08.2021 and the same was implemented by the 1st respondent in
G.O.(2D) No.09 Environment, Climate Change and Forest (FR.2(II))
Department, dated 08.02.2022 on the basis of the representation, dated
20.01.2023 within a time limit fixed by this Court.
2.The case of the petitioner is that he was appointed as Plot
Watcher on temporary basis on 18.11.1983 and subsequently as per
G.O.Ms.No.95, Environment and Forest Department, dated 07.08.2009, his
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W.P.No.26461 of 2023
service has been brought into regular time scale of pay as plot watcher
[supernumerary post] on 07.08.2009. The petitioner has worked in the
forest department for more than 40 years on daily wages. However, the
petitioner was denied of benefit of accommodating him in the cadre post of
forest watcher only on the ground that he did not possess requisite height as
per the service rule. According to the petitioner, similarly placed persons,
namely, I.Alagarasan and others, filed writ petition before this Court in
W.P.No.23647 of 2013 for a similar relief and same was allowed on
12.09.2014. As against which, the Government preferred an Appeal in
W.A.No.2072 of 2018 and the Order of the learned Single Judge has been
confirmed by the Hon'ble Division Bench of this Court, by judgment, dated
11.08.2021 and the Government after relaxing the height rule regularised
the service of the petitioner therein from 24.01.1995 and 02.02.1995. In
this regard, the petitioner has made several representations to regularize the
service as per the above Government Order and the same was not
considered by the respondent. Hence, the present Writ Petition has been
filed.
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W.P.No.26461 of 2023
3.The learned counsel appearing for the petitioner submitted 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 judgment 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 [FR.2[II]
Department dated 08.02.2022.
4.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, 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 petitioner against the said Order has also
been dismissed.
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W.P.No.26461 of 2023
5.Admittedly, the grievance of the writ petitioner is that he is
seeking regularization of service for pensionary benefits. It is the
contention of the writ petitioner that similarly 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 09.01.2023 and
G.O.[2D] No.9, dated 08.02.2022. Based on the judgment of this Court in
W.A.No.2072 of 2018, dated 11.08.2021, the Government has issued the
Government Order in G.O(2D)No.08 Environment Climate Change And
Forests (FR.2ii) Department, dated 09.01.2023. As per the above
Government Orders, the relief has been extended to similarly placed
persons. Hence, the respondents are directed to consider the case of the
petitioners in the light the above Government Orders, 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 relief, if the petitioner is not granted such relief,
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W.P.No.26461 of 2023
the same is nothing but discrimination and it violates Article 14 of
Constitution of India. In such view of the matter, the respondents shall
extend the benefits to the petitioner as per above Government Orders 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.
6.With the above directions, this Writ Petition stands disposed of.
No costs.
13.09.2023
Index : Yes/No
Internet: Yes/No
Neutral Citation: Yes/No
Speaking Order/Non-Speaking Order
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To
1.The Additional Chief Secretary to Government,
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),
Velacherry Main Road, Guindy,
Chennai-32.
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W.P.No.26461 of 2023
N.SATHISH KUMAR, J.
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W.P.No.26461 of 2023
13.09.2023
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