Madras High Court
K.Durai vs Government Of Tamil Nadu on 19 September, 2023
W.P.No.27228 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.27228 of 2023
K.Durai ... Petitioner
Versus
1.Government of Tamil Nadu,
Rep. by its Additional Chief Secretary,
Environment and Forest Department,
Fort St.George, Chennai – 600009.
2.The Principal Chief Conservator of Forests,
(Head of Forest Force),
Velacherry Main Road, Guindy,
Chennai – 600032. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing respondents to regularize the service
of petitioner 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 Hon'ble Supreme Court
judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and in the
light of order in W.P.No.19023 of 2021 dated 09.09.2021 and in the light of
the G.O.2(D)No.91, Environment, Climate Change and Forests (FR.2(ii))
Department dated 30.06.2022 confer all consequential pensionary benefits
by the respondents.
For Petitioner : Mr.S.Mani
For Respondents : Mr.R.Neelakandan,
Additional Advocate General assisted by
Mr.S.Arumugham,
Government Advocate
Page No.1 of 6
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W.P.No.27228 of 2023
ORDER
This Writ Petition has been filed to direct the respondents to
regularize the service of petitioner 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 Hon'ble Supreme Court in C.A.No.6798 of 2019, dated 02.09.2019 and in
the light of order in W.P.No.19023 of 2021, dated 09.09.2021 and in the
light of the G.O.2(D)No.91, Environment, Climate Change and Forests
(FR.2(ii)) Department dated 30.06.2022 and confer all consequential
pensionary benefits by the respondents.
2.The case of the petitioner is that the petitioner was appointed as a
Plot Watcher on temporary basis on 01.08.1984 and subsequently as per
G.O.Ms.No.95, Environment and Forest Department, dated 07.08.2009, his
service has been brought into regular time scale of pay as plot watcher
[supernumerary post]. The petitioner has worked in the forest department
for more than 25 years on daily wages. As the services 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 petitioner has been regularised
before 01.04.2003 and they are getting pensionary benefits. However, the
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W.P.No.27228 of 2023
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 has been made by the petitioner on 01.08.2022, however no
order has been passed till date.
3.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
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W.P.No.27228 of 2023
dismissed. Hence, submitted that the impugned Order does not warrant any
interference.
4.Admittedly, the grievance of the writ petitioner is that the
petitioner is seeking regularization of the service for pensionary benefits. It
is the contention of the writ petitioner that similarly persons have been
given such benefits as per Government 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.
5.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 consideration the nature of
service rendered by the petitioners and also the fact that when similarly
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W.P.No.27228 of 2023
placed persons have already been granted the relief, if 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.
6.With the above directions, this Writ Petition is disposed of
accordingly. No costs.
19.09.2023
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,
Government of Tamil Nadu,
Environment and Forest Department,
Fort St.George, Chennai – 600009.
2.The Principal Chief Conservator of Forests,
(Head of Forest Force),
Velacherry Main Road, Guindy,
Chennai – 600032.
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W.P.No.27228 of 2023
N.SATHISH KUMAR, J.
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W.P.No.27228 of 2023
19.09.2023
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