Madras High Court
State Of Tamil Nadu vs G.Ramalingam on 10 September, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.2726 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.09.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.2726 of 2024
1.State of Tamil Nadu,
rep. by the Secretary to Government,
Environment & Forests (F2) Department,
Secretariat, Chennai-9.
2.The Principal Chief Conservator of Forests,
1, Jeenis Road,
Panagal Building,
Saidapet, Chennai-15. .. Appellants
Vs
1.G.Ramalingam
2.E.Muniyan (died)
3.M.Kiliyammal
4.M.Chittibabu
5.M.Duraisamy
6.C.Vasantha .. Respondents
(Respondent Nos.3 to 6 substituted as legal
heirs of the deceased second respondent as per
the order dated 23.2.2024 made in
C.M.P.No.22198 of 2023 in W.A.No. SR 75812 of 2023)
____________
Page 1 of 8
https://www.mhc.tn.gov.in/judis
W.A.No.2726 of 2024
Prayer: Appeal under Clause 15 of the Letters Patent against the
order dated 1.2.2022 passed by the learned Single Judge in
W.P.No.25907 of 2015.
For the Appellants : Mr.T.K.Saravanan
Government Advocate
For the Respondents : Mr.K.Jenitha
for respondent No.1
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This writ appeal is directed against the order dated 1.2.2022
passed by the learned Single Judge in W.P.No.25907 of 2015.
2. The writ petition has been filed by respondents 1 and 2 to
quash the order of the second appellant dated 1.12.2014 and to
direct the appellants to extend the benefits of G.O.Ms.No.95, E&F(V2)
Department, dated 7.8.2009, with effect from the date of completion
of 10 years.
3. The learned Single Jude, while allowing the writ petition,
granted liberty to respondents 1 and 2 to make a representation to
____________
https://www.mhc.tn.gov.in/judis
the second appellant along with a copy of the order as well as the
service certificates to establish that they have put in 10 years of
service. On receipt of such a representation, the second appellant
was directed to pass appropriate orders in favour of respondents 1
and 2 by including their names in the State-wide seniority list and
appoint them as Supernumerary Plot Watchers in the special time
scale of pay with effect from 18.12.2013. Aggrieved by the same,
the appellants have preferred the instant appeal.
4. Learned Government Advocate appearing for the appellants
submitted that the first respondent has worked as a daily wager only
for 2 years 2 months and the deceased second respondent has
worked as daily wager only for 5 years 9 months. He would submit
that the learned Single Judge ought to have looked into the
circumstances leading to the issuance of G.O.Ms.No.95, dated
7.8.2009, by which all the persons who were in State-wide seniority
list were regularised as Supernumerary Plot Watchers/Plot Watchers
in a regular time scale of pay, and also considered that the first
respondent and the deceased second respondent worked only for 2
years 2 months and 5 years 9 months, respectively. Since
____________
https://www.mhc.tn.gov.in/judis
respondents 1 and 2 have not completed 10 years of service at the
relevant point of time, they are not entitled to be considered for
inclusion in the State-wide seniority list.
5. Learned Government Advocate further submitted that the
direction of the learned Single Judge is positive in nature and without
submitting the relevant documents to show that respondents 1 and 2
have completed 10 years of service, they are claiming to include their
names in the State-wide seniority list and to appoint them as
Supernumerary Plot Watchers.
6. Learned Government Advocate added that the claim of the
writ petitioners will be considered if they submit the relevant service
certificates to show that they have rendered 10 years of service.
7. Learned counsel appearing for the first respondent submitted
that the first respondent has completed 10 years of service and to
that effect, the first respondent has also produced relevant service
certificate issued by the appellants. Therefore, the learned Single
Judge was right in directing the appellants to include the names of
____________
https://www.mhc.tn.gov.in/judis
writ petitioners in the State-wide seniority list and appoint them as
Supernumerary Plot Watchers.
8. We have considered the rival submissions and also perused
the materials on record.
9. On a reading of the penultimate paragraph of the order of
the learned Single Judge, we find that the learned Single Judge
issued a positive direction to the second appellant to pass appropriate
orders in favour of the writ petitioners by including their names in the
State-wide seniority list and appoint them as Supernumerary Plot
Watchers in the special time scale of pay with effect from 18.12.2013
onwards.
10. It is the submission of learned Government Advocate that
the writ petitioners have not submitted any proof and/or documents
to establish that they have completed 10 years of service. No shred
of material has been produced in support of the plea made by learned
counsel for the first respondent that the first respondent had
submitted service certificates to the authority concerned.
____________
https://www.mhc.tn.gov.in/judis
11. In the light of the above, it would be appropriate to modify
the positive direction issued by the learned Single Judge in favour of
respondents 1 and 2, to the following effect:
(i) The writ petitioners/respondent No.1 and legal heirs
of the second respondent are directed to submit their
claim along with the requisite documents to the
authority concerned within a period of two weeks
from the date of receipt of a copy of this judgment;
and
(ii)The appellants shall pass orders on the claim made
by the writ petitioners/respondent No.1 and legal
heirs of the second respondent, on merits and in
accordance with law and the prevalent policy at the
relevant time, within a period of four weeks
thereafter.
12. With the above modification, the writ appeal is disposed of.
There shall be no order as to costs. Consequently, C.M.P.No.19935 of
2024 is closed.
____________
https://www.mhc.tn.gov.in/judis
(D.K.K., ACJ.) (P.B.B., J.)
10.09.2024
Index : Yes/No
NC : Yes/No
bbr
____________
https://www.mhc.tn.gov.in/judis
THE HON'BLE ACTING CHIEF JUSTICE
AND
P.B.BALAJI, J.
bbr
10.09.2024
____________
https://www.mhc.tn.gov.in/judis
