The court ruled that the reasons for denying inclusion in the seniority list were false and discriminatory, emphasizing the need for fair treatment of employees based on service duration.

ORDER :

(J. SATHYA NARAYANA PRASAD, J.)

This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the Impugned Orders in (1) Na. Ka.No.2565/2019-1/Th.1 dated 26.11.2019 (2) Na.Ka.No.2565/2019-2/Th.1 dated 26.11.2019 (3) Na.Ka.No.2565/2019-3/Th.1 dated 26.11.2019 (4) Na.Ka.No.2565/2019-4/Th.1 dated 26.11.2019 (5) Na.Ka.No.2565/2019-5/ Th.1 dated 26.11.2019 (6) Na.Ka.No.2565/2019-6/Th.1 dated 26.11.2019 (7) Na.Ka.No.2565/2019-7/Th.1 dated 26.11.2019 (8) Na.Ka.No.2565/2019- 8/Th.1 dated 26.11.2019 (9) Na.Ka.No.2565/2019-9/Th.1 dated 26.11.2019 (10) Na.Ka.No.2565/2019-10/Th.1 dated 26.11.2019 (11) Na.Ka.No.2565/2019-11/Th.1 dated 26.11.2019 passed by the 4^th respondent, quash the same and issue consequential directions to the 2^nd respondent herein to include the names of the petitioners in the appropriate place commensurate with their dates of entry into service in the State-wide seniority List of Anti-Poaching Watchers as on 01.01.2019 prepared and issued by the 2^nd respondent and grant the benefit of regularisation of their service, placement in the regular time scale of pay, and other service benefits. 

2. The case of the petitioners is that they have been engaged in the Forest Department from 01.01.2012 and August 2016, respectively, till date as an Anti-Poaching Watchers in Hogenakkal, Pennagaram, and Palacode Forest Ranges to protect the forest wealth in the notified Reserve Forests belonging to the Government and to prevent the hunting of wild animals in the Reserve Forests area by outsiders and to assist the Foresters, Forest Guard, and Forest Workers in various Forest Ranges in Dharmapuri Division and also to assist them in different Centrally Sponsored Wildlife Schemes and State Schemes. In the entire State, there are more than 1000 Anti- Poaching workers. The petitioners are being paid consolidated monthly pay of Rs.4,750/- only as against Rs.6,750/- p.m. from the financial year 2013- 2014 as archived in G.O.Ms.No.146, Environment and Forest (FR2) Department, dated 26.09.2013.

3. The grievance of the petitioners is that though they have put in such longer years of service, i.e., from 3 to 9 years, respectively, they are still being paid only consolidated monthly pay till date without any security of tenure of service.

4. It is relevant to mention here that, formerly, there were posts of Plot Watchers and Social Forestry Workers in the Forest Department who were employed in connection with several Social Forestry Projects and to maintain the plantations and who were working on a daily wage basis. In order to regularise their services, the Government issued G.O.Ms.No.64, Environment and Forest (FR.2) Department, dated 08.03.1999, for the preparation of a State wide seniority list of Plot Watchers and Social Forestry Workers by the Head of the Department and on the basis of seniority in such a list, appointments may be given to the posts of Forest Watchers and malis to such of those Plot Watchers and Social Forestry Workers who know to read and write in tamil, by granting relaxation of rules relating to method of appointment, age, etc. wherever necessary, in the existing vacancies or vacancies that would arise in future.

5. At this juncture, the Government issued G.O.Ms.No.22 P&AR Department, dated 28.02.2006, that the services of employees serving on a daily wage basis in various Departments who have rendered 10 years of service may be regularised by granting necessary relaxation. The Service Association of Plot workers and Social Forestry Workers filed W.P.No.20638 of 2018 on the file of this Court, to regularise the services of Plot Watchers and Social Forestry Workers on the basis of this G.O. and this Court, by order dated 25.08.2008, passed directions to the Government to pass orders on the proposals of Principal Chief Conservator of Forests dated 30.01.2008 in this regard and pass orders in the light of G.O.Ms.No.22, P&AR Department dated 28.02.2006. The Head