Citation : 2025 Latest Caselaw 8973 Mad
Judgement Date : 27 November, 2025
WP No. 32975 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ORDERS RESERVED ON : 04.11.2025
ORDERS PRONOUNCED ON : 27.11.2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN
WP No. 23789 of 2025
AND
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W.P.No. 23789 of 2025
Aditi Mukherjee
Extension Officer (scientist)
Salim Ali Centre for Ornithology And
Natural History (SACON)
South India Centre of Wildlife
Institute of India Anaikatty P.O.,
Coimbatore- 641 108,
3/657-f, Padmavathy Nagar,
Kalappanaickenpalayam,
Sowayampalayam (post)
Coimbatore- 641 108, Tamil Nadu.
Petitioner(s)
Vs
1. The Union Of India
REP. BY ITS SECRETARY TO
GOVERNMENT OF INDIA
MINISTRY OF ENVIRONMENT,
2/29
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WP No. 32975 of 2025
FORESTS AND CLIMATE CHANGE
( MoEFCC) GOVERNMENT OF
INDIA INDIRA PARYAVARAN
BHAVAN, JORBAGH ROAD, NEW
DELHI-110 003.
2.The Chairman
Governing Body Of Wildlife Institute
Of India Post Box No.18 Chandrabani,
Dehraudn Uttarakhand- 248 001.
3.The President
Society Of Wildlife Institute Of India
(wii) Post Box No.18, Chandrabani,
Dehraudn Uttarakhand- 248 001.
4.The Director
Wildlife Institute Of India (wii) Post
Box No.18 Chandrabani, Dehraudn
Uttarakhand- 248 001.
5.Salim Ali Centre For Ornithology
And
Natural History (sacon) Rep. By The
Director, Wildlife Institute Of India
South India Centre Of Wildlife
Institute Of India Anaikatty Post,
Coimbatore- 641 108.
Respondent(s)
Writ Petition is filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus to call for the entire records
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WP No. 32975 of 2025
pertaining to the decision taken in respect of the petitioner’s employment in
the 73rd Governing Body Meeting of the 4th respondent dated 03.09.2024 and
impugned office Memorandum issued vide SACON / Admn/ Est/ 44/ 473/
2024- 2025, dated 26.11.2024 issued by the 5th respondent, and quash the same
as violative of the principals of natural justice and directing the respondents to
regularize the service of the petitioners from the date of initial appointment till
attaining the age of superannuation with all benefits at par with the employees
of the 4th respondent after merger of the 5th respondent as per the order in Ref.
F. No.FC-11/ 172/ 2022-DGF dated 25.04.2023 issued by the 1st respondent as
claimed by the petitioner in her representation dated 13.05.2025 in a time bound
period.
For Petitioner(s): Mr. K. Venkataramani, Senior Counsel
for Mr. K. Mohanamurali
For Respondent(s): Mr. AR.L. Sundaresan,
Additional Solicitor General of India
Assisted by Mr. K. Srinivasa Murthy, SPC
4/29
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WP No. 32975 of 2025
COMMON ORDER
rd These Writ Petitions have been filed challenging the minutes of the 73
th Governing Body Meeting of the 4 respondent dated 03.09.2024 and the
th consequential Office Memorandum dated 26.11.2024 issued by the 5
respondent, whereby the tenure of the petitioners’ services has been extended
only up to 31.03.2025.
2. Heard and perused the materials available on record.
3. The Salim Ali Centre for Ornithology and Natural History (hereafter
referred to as SACON) was established in the year 1990 and was registered
under the Societies Registration Act, 1860. It was functioning under the
Ministry of Environment, Forest and Climate Change, Government of India. It
was functioning as South India Centre of Wildlife Institute of India (hereinafter
referred as WII) under the Ministry of Environment, Forest and Climate
Change, Government of India, with effect from 01.04.2023.
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4. In SACON, appointments to various posts sanctioned by the Ministry
of Finance and the Ministry of Environment, Forest and Climate Change,
Government of India, were made from time to time on a direct recruitment
basis. Based on the recommendations of the 48th, 51st and 53rd Governing
Council Meetings of SACON, with effect from the year 2006, all appointments
have been made on tenure on a contract basis, for a period 5 years for teaching
staff (scientists) and 3 years for non-teaching staff / administrative staff and the
same would be continued till the age of superannuation i.e., 60 years.
5. There was an advertisement issued for the post of Scientists in SACON
by direct recruitment. The petitioners applied for the respective posts and were
appointed to the post of Extension Officer (Scientists) for the period from 2006
to 2022. Under the pay scale as per 6th Central Pay Commission, with all other
benefits applicable to regular Central Government Employees, they were
appointed for a period of 5 years on contract basis against posts sanctioned by
the Government of India. The tenure is renewable based on performance.
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6. Accordingly, they joined service and were issued service registers and
permanent identity cards, which remain valid up to their attainment of the age of
superannuation.
7. In fact, after completion of their one year of probationary period,
promotion was declared to the petitioners. After completion of five years of
their service, their services were extended for a further period of five years on
the same conditions.
8. The post of Director of the SACON was created in the year 1991 for a
tenure of five years and subsequently, it was extend for a further period of five
years. The tenure of the Director was once again extended in the year 2001 for a
further period five years or till superannuation, whichever is earlier.
9. While being so, as per the recommendations of Cabinet Secretariat,
Government of India, dated 09.10.2020, SACON was merged with the Ministry
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of Environment, Forest and Climate Change, Government of India.
Subsequently, a committee was formed to examine the merger of SACON with
WII. The committee submitted its report, and based on the report, SACON was
merged with WII with effect from 01.04.2023.
10. While accepting the merger, it was observed that in respect of faculty
and staff, as per the proposal of merger, since the issue arose due to the
disengagement of SACON, all permanent positions of SACON stood abolished
from the date of dissolution of SACON. Hence, the only solution was to merge
the permanent staff of SACON with the staff strength of WII, who shall be
treated as permanent staff of WII from the date of merger and appropriate
seniority shall be fixed vis-a-vis with the existing employees of WII.
Accordingly, the petitioners submitted representations seeking regularisation
and continuation of their service till the age of superannuation. Since their
request was not considered, they were constrained to approach this Court.
11. While pending writ petitions, the petitioners were served with an
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Office Memorandum dated 26.11.2024, whereby their tenure was extended only
up to 31.03.2025, based on the decision taken by the 73rd WII-Governing Body
Meeting held on 03.09.2024. Therefore, the petitioners filed miscellaneous
petitions seeking a direction to the 4th respondent to withdraw the Office
Memorandum dated 26.11.2024.
12. Finally this Court passed an order in a batch of writ petitions on
30.04.2025 and held that there could be a term that the contract is severable on
expiry of a particular tenure and it is the entire contract which has to be
examined since it also provides that it can be extended on examination of
performance. The only reason on which the contract could be terminated would
be lack of performance to the expected level. Therefore, the decision taken by
Governing Body to terminate the contract cannot withstand judicial scrutiny.
13. While the pending writ petition, the 73rd Governing Body of WII had
taken a decision on 03.09.2024. However, the petitioners did not challenge the
same. Therefore, this Court extended the contract period of the petitioners’
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services and directed that they be given an opportunity to submit necessary
representations, in view of the decision taken in the 73rd Governing Body
Meeting of WII. Accordingly, the services of the petitioners were extended till a
reasonable opportunity was granted to the petitioners to make representations
and to estbalish whether they fall within the parameters of the said decision or
not. They were required to submit the same in the manner known to law.
14. Further, this Court extended the services of the petitioners for a period
of three months from the date of the order i.e., 30.04.2025. Therefore, the
petitioners submitted representations seeking continuation of their service till
they attain the age of superannuation. However, since their request was not
considered, the petitioners have challenged the minutes of the 73rd Governing
Body Meeting of WII dated 03.09.2024 and the Office Memorandum dated
26.11.2024.
15. Mr. Venkataramani, learned Senior Counsel for the petitioners,
submits that the petitioners were appointed against regular vacancies with the
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scale of pay as per the Central Pay Commission norms. They were paid salaries,
allowances and other benefits such as CPF, Medical Reimbursement, Gratuity
and LTC, as per the rules of SACON. After completion of their first year
service, their probationary period was declared and thereafter, the period of
contract was continued based on their performance. The petitioners were not
appointed in the SACON on deputation or only on part-time contractual basis
for a maximum period of five years. As per the merger order, it was instructed
that the petitioners should be given continuation in service without break, and
they should be considered for continuation of the post even after the merger, in
accordance with their existing contract. SACON had considered the services
rendered by the petitioners and continued their services without any interruption
and all the petitioners were eligible to get enrolled for higher studies and to
participate in scientific work and research activities. They were also encouraged
to register for their Ph.D.
16. All the petitioners were treated on par with regular employees, as their
scale of pay was fixed in accordance with the orders of the Government of
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India. It is relevant to note that all the scientists were eligible to submit project
proposals to various agencies, including the Central Government / Central
Autonomous Body / State Government / State Autonomous Body / department
for necessary funding. In fact, one of the scientists was allowed to retire from
service on attaining the age of superannuation, with all terminal benefits.
Therefore, there cannot be any contra decision to terminate the services of the
petitioners.
17. In support of his contention, he relied upon the decision of the High
Court of Uttarakhand at Nainital, wherein the very same issue was dealt with
and it was decided that the petitioners are also among the persons for whom the
Director has sent a proposal for their regularisation, keeping in view of their
long standing service as contractual employee with the WII. Since some of the
petitioners were already regularised as directed by the High Court, the same
relief was extended to the other petitioners for regularisation on their services
for respective posts.
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18. Mr. Sharath Chandran, learned counsel for some of the petitioners,
submits that the petitioners had a legitimate expectation that their services
would be continued till they attained the age of superannuation. One of the
principal scientists, who was recruited in the same manner as the petitioners,
was allowed to retire on attaining the age of superannuation and he was paid all
terminal benefits as a regular employee. Therefore, the petitioners ought not to
have been terminated from their respective services.
19. Learned counsel for the petitioners also relied upon the judgment of
the Hon’ble Supreme Court in the case of Jaggo Vs. Union of India and
Others reported in 2024 SCC OnLine SC 3826, wherein it was held that it is a
disconcerting reality that temporary employees, particularly in government
institutions, ofen face multifaceted forms of exploitation. While, the foundation
purpose of temporary contracts may have been to address short-term seasonal
needs, they have increasingly become a mechanism to evade long-term
obligations owed to the employees.
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20. The petitioners were fully qualified and were appointed against the
sanctioned posts based on the second sanctioned post by duly following the
selection process in accordance with law. Therefore, their appointments cannot
be treated as irregular appointments. Learned counsel also relied upon the
judgment of the Hon’ble Supreme Court of India in Civil Appeal No(S). 8558
of 2018 in the case of Dharam Singh and Others vs. State of Uttar Pradesh
and Another, held as follows:
“11. Furthermore, it must be clarified that the reliance placed by the High Court on Umadevi (Supra) to non- suit the appellants is misplaced. Unlike Umadevi (Supra), the challenge before us is not an invitation to bypass the constitutional scheme of public employment. It is a challenge to the State’s arbitrary refusals to sanction posts despite the employer’s own acknowledgement of need and decades of continuous reliance on the very workforce. On the other hand, Umadevi (Supra) draws a distinction between illegal appointments and irregular engagements and does not endorse the perpetuation of precarious employment where the work itself is permanent and the State has failed, for years, to put its house in order. Recent decisions of this Court in Jaggo v. Union of India4 and in Shripal & Another v. Nagar Nigam, Ghaziabad5 have emphatically cautioned that Umadevi (Supra) cannot be deployed as a shield to justify exploitation through long-term “ad hocism”, the use of outsourcing as a proxy, or the denial of basic parity where identical duties are exacted over extended periods.
12. We also note the Commission’s affidavit filed in 21.04.2025
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pursuant to the order of this Court dated 27.03.2025, wherein reference has been made to a supervening reorganisation in 2024, whereby the U.P. Higher Education Services Commission was merged into the U.P. Education Services Selection Commission and, by a Government Order of 05.07.2024, certain Group-C posts were sanctioned while Class-IV/Driver requirements were proposed to be met through outsourcing. We must point out however, that supervening structural change cannot extinguish accrued claims or pending proceedings. The successor body steps into the shoes of its predecessor subject to liabilities and obligations arising from the prior regime. More fundamentally, a later policy to outsource Class- IV/Driver functions cannot retrospectively validate earlier arbitrary refusals, nor can it be invoked to deny consideration to workers on whose continuous services the establishment relied for decades.”
21. The common counter filed by the respondents in all the writ petitions,
and the submissions made by Mr. AR.L. Sundaresan, learned Additional
Solicitor General of India, in pursuance of the directions of the Cabinet
Secretary dated 09.10.2020, shows that, in order to implement the
recommendations of Department of Expenditure with regard to Rationalisation
of Autonomous bodies, the 1st respondent issued the order of merger of
erstwhile SACON with WII by an order dated 25.04.2023. The objective of
SACON was to develop an institution of excellence in the fields of ornithology
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and natural history and to develop and conduct research in all aspects of
ornithology and also to develop and conduct courses in ornithology and natural
history for students of M.Sc., M.Phil., and Ph.D.
22. Accordingly, SACON can create administrative, technical, ministerial
and other posts and make appointments thereto provided that the creation of the
Class-I posts and the appointments to these posts will be subject to Rule 13.2.
The Rule 10.3 says that the SACON Scope, functions and powers to create
posts and frame rules with respect to terms and tenure of appointments,
emoluments, allowances, rules of disciplines and other conditions of officers
and staff of the SACON.
23. Accordingly, SACON had framed its own set of recruitment and
promotion rules for scientific positions and administrative staff. At the time of
merger with WII, 7 incumbent employees were permanent, 20 incumbents i.e.,
petitioners were working on tenure-based contractual appointments. Besides,
two officials for the post of Computer Operator and Laboratory Assistant were
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working on outsource basis. The tenure of the employees engaged on fixed term
contract was renewed regularly as per the prevailing erstwhile SACON rules.
The tenures of faculties and staff members who have been recruited after 2024
were on fixed term initially for a period of three/five years with a condition that
the term of engagement will be extended for a further period on satisfactory
performance.
24. After merger with WII, the 72nd Governing Body Meeting of WII was
held on 09.04.2024 to look into the issues of the merger of SACON with WII.
On the basis of the Sub Committee report dated 31.07.2024, the regularisation
or the permanency of the erstwhile SACON (Tenure basis / contractual basis
employees) is not permissible as per the Government rules and regulations. The
Governing Body Sub-Committee recommended to fill up the vacant posts
through advertisement as per the Recruitment Rule of WII.
25. In the meantime, the petitioners approached this Court in a batch of
writ petitions seeking regularisation of their services from the date of their
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initial appointment and to allow them to continue in service till they attain the
age of superannuation with all benefits. While pending writ petitions, a decision
was taken in the 73rd Governing Body Meeting, which is as follows:
“(A) Regarding merger of permanent staff of SACON with staff strength of WII: Since the post designation and corresponding pay level for may positions are not identical in the erstwhile SACON, Coimbatore and WII Dehradu, the matter will be dealt with the revision of Recruitment Rules (RRs) of the WII.
(B) The GB gave post-facto approval for extension of contractual period of Scientists up to 31.03.2025 as follows: (a) Six Scientists whose contractual period has already expired. (b) Three Scientists whose contractual period is about to expire in FY 2024-25.
(C) The GB approved the proposal for continuation of current contractual period for Scientists (Five) up to 30.06.26 whose contractual period extends beyond 2024-25.
(D) The GB approved and directed floating of advertisement to fill-up the vacant post in WII-SACON forthwith in terms of sanction given by Department of Expenditure.”
26. This Court, in a batch of writ petitions, passed a common order dated
30.04.2025. The relevant portion reads as follows: -
“83. It is thus seen that though there could be a term that the contract is severable on expiry of a particular tenure, it is the
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entire contract which has to be examined since it also provides that it can be extended on examination of performance. The only reason on which the contract could be terminated would be lack of performance to the expected level. The reasons to this extent must exist and only then could the contract to be terminated.
84. As stated by the Hon'ble Supreme Court, the expression at any time would only indicate that the contract could be terminated at any time within the stipulated tenure mentioned in the contract. The further terms without assigning any cause would only mean without communicating any cause to the appointee but without assigning any cause would not mean without existence of any cause. Therefore, there must be existence of a cause to terminate the contract and that existence must be breach of terms of the contract. If there had been no breach, there cannot be termination of the contract at will. This has to be read in conjunction with the Judgment in Food Corporation of India (1993) 1 SCC 71 referred supra wherein it had been held that legitimate expectation may not be a distinct enforceable right but failure to consider it would render the decision arbitrary.
85. Therefore, the decision taken by the Governing Body to terminate the contract cannot withstand the judicial scrutiny.
86. However, it is also seen that the petitioners have not impleaded the Ministry of Environment, Forests and Climate Change which is the Administrative Ministry of the respondents.
It is not known why the petitioners have chosen not to implead the said Ministry. They are a necessary party and the ultimate deciding authority relating to the service conditions of the petitioners. Even pending the writ petition, the decision of the 73rd Governing Body of WII dated 03.09.2024 had come to the knowledge of the petitioners and an additional affidavit had also been filed by the petitioners. Still, that decision had not been challenged. By that decision, some protection has been actually
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afforded to the petitioners.
87. In view of that intervening circumstance, it can only be stated that the respondents will necessarily have to extend the contract period of the petitioners and the petitioners would have to be given an opportunity to submit necessary representations in view of the decision of the 73rd Governing Body of WII and express whether they abide by the decision taken therein or question it in manner known to law. There has been no application filed seeking amendment of the relief sought.
88. The relief sought is for a Mandamus to regularize and confirm the petitioners till they attain the age of superannuation. But since a decision had been taken pending the Writ Petition in the 73rd Governing Body meeting of WII, protection of service could be extended only till reasonable opportunity is granted to the petitioners to examine whether to abide by that particular decision and if they do, they can fall within the parameters of the said decision and if they do not, they will have to take it up in manner known to law. The service conditions of the petitioners are protected and they are given a period of three months from this date to exercise their option to either abide with the said decision or to challenge the same in manner known to law. Till the expiry of three months from this date, the service of the petitioners shall be protected.”
27. Thereafter, the petitioners submitted representations. In response, the
respondents through the Office Memorandum dated 15.07.2025, stated that the
Ministry, vide its order dated 25.04.2023 has already conveyed that all
permanent positions of the erstwhile SACON have ceased since the day of
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dissolution of the society of SACON. Hence, Director of WII may communicate
the decision of the Ministry regarding end of services of the employees of
erstwhile SACON.
28. Admittedly, the petitioners were engaged purely on fixed term
contract basis in SACON. The terms and condition of the contractual
engagement had always been laid down and specified in respective offer of
appointment containing the terms and conditions for contractual engagement
duly signed and accepted by the petitioners. Therefore, they are well aware of
the factual position that their engagement was on fixed term contract basis. As
per the law and rules of SACON regarding the tenure of employeess, which is
as follows:-
“(i) An appointment to a post where is no provision for regular appointment at the pay scale of SACON shall be for a period of one year extendable on a yearly basis as a fresh contract subject to a maximum of 5 years.
(iii) An appointment on scale of pay for regular posts shall be for more than 1 year to a maximum period of 5 years, after which it may be extended as fresh contract.
(vii) after getting the recommendation of RAPC /extension committee, the Director may approve of the extension where he/she is the appointing authority. In case the Governing Council is appointing authority, the Director shall place the proposal
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before the Governing Council along with his/her recommendation.”
29. As per the conditions of service, the appointment is initially for a
period of 5 years / 3 years on contract and out of the said period, the first year
shall be treated as the probationary period. After expiry of the probationary
period, the contract shall be renewed on the basis of performance.
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30. Further, the appointment may be terminated without assigning any
reason by the committee and termination may be made without notice and
without payment of salary in lieu thereof, during the period of probation.
Therefore, no preferential treatment is to be accorded to the petitioners and their
claim for regularisation is wholly governed by the terms and conditions of their
engagement as well as the recruitment rules of SACON, as amended from time
to time. Further, the petitioners were never given any impression that they
would be appointed in regular employment, nor was any such assurance or
understanding ever conveyed to them. They merely observed that regular
services continued in SACON. At all times, it was made unequivocally clear
that they would not be entitled to any preference against vacancies, or against
sanctioned or regular posts, solely on the ground of having worked under
SACON on a contractual basis. After main terms and conditions of their
engagement, they volunteered for fixed tenure on contractual engagement from
time to time. Now it is not open for them to turn around the same and seek
regularisation or absorption.
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31. Mr. AR.L. Sundaresan, learned Additional Solicitor General of India,
relied upon the judgment of the Hon’ble Supreme Court of India in the case of
Secretary, State of Karnataka and Others vs. Umadevi and Others dated
10.04.2006.
32. The above judgment is squarely applicable to the case on hand and the
petitioners are not entitled to regularisation or absorption. In fact, the issue
regarding extension of the tenure of contract of the petitioners was discussed in
the 74th meeting of the Governing Body held on 17.04.2025, wherein it was
decided that the existing contract and any request for extension require legal
examination.
33. By the office memorandum dated 15.07.2025, and as per the order
dated 25.04.2023, it has already been clarified that all permanent positions of
the erstwhile SACON stand ceased from the date of dissolution of SACON.
34. The petitioners were appointed on a fixed-term contract basis and
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therefore, cannot be considered as permanent staff of SACON. SACON was an
independent and separate legal entity under the Ministry of Environment, Forest
and Climate Change. Accordingly, it was governed by the orders and
regulations formulated or adopted by its Governing Body. Being employees of
SACON, the petitioners were bound by those rules. Hence, no parity or equality
can be claimed by the petitioners with the rules and regulations governing the
employees of the Government of India. Therefore, the Governing Body / Sub-
Committee recommended that the vacant posts be filled by advertisement as per
the recruitment rules of WII, since the petitioners are not entitled to
regularisation or permanent absorption.
35. In view of the above, this Court finds no infirmity or illegality in the
minutes of 73rd Governing Body Meeting of the 4th respondent dated 03.09.2024
and the Office Memorandum dated 26.11.2024. Therefore, all the writ petitions
are devoid of merits.
36. Accordingly, these Writ Petitions are dismissed. Consequently,
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connected miscellaneous petitions are closed. There shall be no order as to
costs.
27-11-2025
AT
Index:Yes/No Neutral Citation:Yes/No
Note : Registry is directed to incorporate cause title for all the cases and issue order copy.
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To
1.The Union Of India REP. BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE ( MoEFCC) GOVERNMENT OF INDIA INDIRA PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI-110 003.
2.The Chairman Governing Body Of Wildlife Institute Of India Post Box No.18 Chandrabani, Dehraudn Uttarakhand- 248 001.
3.The President Society Of Wildlife Institute Of India (wii) Post Box No.18, Chandrabani, Dehraudn Uttarakhand- 248 001.
4.The Director Wildlife Institute Of India (wii) Post Box No.18 Chandrabani, Dehraudn Uttarakhand-
248 001.
5.Salim Ali Centre For Ornithology And Natural History (sacon) Rep. By The Director, Wildlife Institute Of India South India Centre Of Wildlife Institute Of India Anaikatty Post, Coimbatore- 641 108.
G.K. ILANTHIRAIYAN, J.
AT
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Pre-delivery Order made in WP No. 23789 of 2025 WP NO. 23832 OF 2025,WP NO.
23797 OF 2025,WP No. 24037 of 2025,WP NO. 24041 OF 2025,WP NO. 24046 OF 2025,WP No. 24303 of 2025,WP NO. 24312 OF 2025,WP No. 25532 of 2025,WP NO. 25558 OF 2025,WP NO. 25553 OF 2025,WP NO. 25561 OF 2025,WP NO. 25564 OF 2025,WP NO. 25552 OF 2025,WP NO. 25549 OF 2025,WP NO. 25555 OF 2025,WP NO. 25538 OF 2025,WP NO. 25565 OF 2025,WP NO. 25547 OF 2025,WP No. 31184 of 2025,WP No. 31588 of 2025,WP No. 33390 of 2025,WP No. 34234 of 2025,WP No. 34447 of 2025,WP No. 34481 of 2025,WP No. 34694 of 2025,WP No. 34695 of 2025,WP No. 32975 of 2025,WP NO. 33716 OF 2025,
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27-11-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 03:24:52 pm )
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