Madras High Court
G.Pooncholai vs The State Of Tamil Nadu on 2 September, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.25688 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.25688 of 2024
G.Pooncholai ... Petitioner
Vs.
1.The State of Tamil Nadu,
represented by its
Principal Secretary to Government,
Environmental, Climate Change and
Forest Department,
St.George Fort, Secretariat,
Chennai - 600 009.
2.The Principal Chief Conservator of Forests,
Head of Forest Force,
Guindy - Velacherry Main Road,
Guindy, Chennai - 600 032.
3.The District Forest Officer,
Dharmapuri Forest Division,
Dharmapuri - 5,
Dharmapuri District.
4.The Accountant General of Tamil Nadu,
Office of the Accountant General,
Anna Salai, Teynampet,
Chennai - 18. ... Respondents
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Writ Petition No.25688 of 2024
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Mandamus directing respondents 1 to
3 to regularize the service of the petitioner from the date on which
completing ten years of service as Plot Watcher on daily wage basis for
the purpose of getting 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 petitioner's retirement by sending
the proposal to the fourth respondent for granting pension with all
consequential monetary benefits.
For Petitioner : Mr.M.R.Jothimanian
For Respondents : Mr.C.Selvaraj
Additional Government Pleader
[R1 to R3]
Mrs.G.Vardini Karthik [R4]
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the respondents to regularize the services of the
petitioner as Forest Watcher from the date on which the petitioner
completed 10 years of service as Plot Watcher.
2. Heard Mr.M.R.Jothimanian, learned counsel for petitioner,
Mr.C.Selvaraj, learned Additional Government Pleader appearing for
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Writ Petition No.25688 of 2024
respondents 1 to 3 and Mrs.G.Vardini Karthik, learned counsel for fourth
respondent.
3. The petitioner was appointed as a Plot Watcher on
08.08.1987. He was appointed and regularized in the post of Plot
Watcher on 07.08.2009. Thereafter, the petitioner was appointed as a
Forest Watcher in regular time scale of pay in the year 2014. The
petitioner, thereafter, retired from service on 31.07.2024 and the
petitioner was not given any pensionary benefits.
4. The grievance of the petitioner is that he has put in 36 years
of service and his services were not regularised on completion of 10
years of service as plot watcher. In view of the same, the petitioner was
found ineligible for any pensionary benefits. The petitioner made
representations in this regard and requested the respondents to regularize
the services of the petitioner on completion of 10 years in line with the
Government Orders issued and in line with the earlier orders passed by
this Court. Since the same was not considered, the present writ petition
has been filed before this Court.
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Writ Petition No.25688 of 2024
5. Taking into consideration the Government Orders passed in
G.O.Ms.No.64, dated 08.03.1999 and G.O.Ms.No.95, dated 07.08.2009
and earlier orders passed by this Court for persons, who are similarly
placed, which were also implemented by G.O.(2D) No.127, dated
03.06.2023, there shall be a direction to respondents 1 and 2 to deal with
the claim made by the petitioner in line with the Government Orders and
the earlier orders passed by this Court and take a decision within a period
of eight (8) weeks from the date of receipt of a copy of this order.
6. The petitioner is directed to make a fresh representation to
the respondents 1 and 2 along with all relevant documents and also a
copy of this order.
This writ petition is disposed of with the above direction. No
costs.
02.09.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
gm
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Writ Petition No.25688 of 2024
To
1.The Principal Secretary to Government,
Environmental, Climate Change and
Forest Department,
St.George Fort, Secretariat,
Chennai - 600 009.
2.The Principal Chief Conservator of Forests,
Head of Forest Force,
Guindy - Velacherry Main Road,
Guindy, Chennai - 600 032.
3.The District Forest Officer,
Dharmapuri Forest Division,
Dharmapuri - 5,
Dharmapuri District.
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Writ Petition No.25688 of 2024
N.ANAND VENKATESH, J
gm
Writ Petition No.25688 of 2024
02.09.2024
https://www.mhc.tn.gov.in/judis
