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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. Karthikeyan, J
D. Thilagar – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
1. This writ petition has been filed for issuance of a writ of certiorarified mandamus to call for the records of the 2nd respondent in Ref.No.LL1/28907/2022 dated 27.03.2023 and quash the same with consequential direction to the respondents to give retrospective appointment in the post of Forest Watcher on par with the petitioner's juniors on 24.01.1995 by correcting his date of joining as 28.02.1986 instead of 01.12.1986 and confer all consequential benefits within the time frame.
2. In the affidavit filed in support of the writ petition it had been contended that the petitioner was initially appointed as Plot Watcher on daily wage basis on 28.02.1986. It had been stated that subsequently the Government had issued a Government Order to regularise the service of the Plot Watchers and Social Forestry Workers who have been appointed on daily wage basis. Some of the Plot Watchers were transferred to the Rural Development Department. The petitioner was also similarly transferred and he worked in the Rural Development Department for nearly 42 months and was thereafter transferred to the Panchayat Union Office.
3. In the year 1994, the Government had issued G.O.Ms.No.332 Environmen
The court affirmed that seniority must reflect the actual date of joining, ensuring fair treatment of employees in public service.
Denial of regularization and benefits to long-serving Plot Watcher despite seniority lists violates Article 14 equality.
Delay in seeking implementation of an earlier order for notional promotion after retirement and settlement of terminal benefits does not entitle interference with finalized seniority.
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.
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