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2025 Supreme(Online)(Mad) 71554

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice R. SURESH KUMAR
THE STATE OF TAMILNADU – Appellant
Versus
M RAJAGOPAL – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-12-2025 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN WA No. 3474 of 2025 AND CMP NO. 28408 OF 2025

1. The State Of Tamilnadu Rep. By Its Secretary To Governemnt, Environment, Climate Change And Forest Department, Fort St. George, Chennai-9.

2. The Principal Chief Conservator Of Forests Head of Forest Force, Joint Forest Management, Velachery Main Road, Guindy, Chennai-32 ..Appellants Vs

1. M Rajagopal S/O.Madasamy, 23/12, P.V.Naikan Street, Plot No.6, Tiruvallikeni, Chennai-5.

2. S.Muthusamy S/o.Sathan, No.1/201, Thiruchapur, Poiyamani Post, Kulithalai Taluk, Karur District.

3. P.Kalimuthu S/o.Pitchai Pillai, No.1-274, Vadabagam Village, Thiruchapur, Poiyamani Post, Kulithalai Taluk, Karur District.

4. R.Periyasamy S/o.Raman, 10/31, Mettupattu Village, Thaliyampatti Post, Krishnapuram Taluk, Karur District.

5. P.Thangavel S/o.Pitchaikaran, 4/13/4, Shukampatti vilalge, Krishnarayapuram Taluk, Panjapatti Post, Karur District.

6. K.Perumal S/o.Kathapillai, No.18, Kadavithi, Akraharam, Krishnarayapuam Taluk, Karur District.

..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 21-03-2024 made in WP.No.7714 of 2024. For Appellants : Mr.R.Neethi Perumal Government Advocate For Respondent : Ms.K.Jenitha

Judgment

(Judgment of the Court was delivered by V.Lakshminarayanan J.)

The present appeal arises against the order of the learned Single Judge in W.P.No.7714 of 2024 dated 21.03.2024.

2. The State is the appellant. For the sake of convenience, the parties shall be referred as per their ranks in the writ petition.

3. The writ petitioners had been appointed as Plot Watchers / Social Forest Workers by the Forest Department. The Government drew up statewide seniority of Social Forest Workers, with the intention of conferring them with permanent status of Forest Watchers. The petitioners were included in the list. It is their grievance that, without following the seniority list, the petitioners were brought into regular time scale as Plot Watchers. This being a non-cadre post, after obtaining relaxation, they were brought into the cadre post of Mali. The post under which the petitioners were brought was a supernumerary post. Hence, they submitted a representation to accommodate them in a regular cadre post as Forest Watchers by giving relaxation with respect to height and age as may be applicable.

4. Before the learned Single Judge, the petitioners relied upon an earlier verdict of this Court in W.P.No.23647 of 2013 dated 12.09.2014. By that order, this Court granted the relief prayed for. They urged that the granting relief to similarly placed persons was challenged before the Division Bench in W.A.No.2072 of 2018. A Co-ordinate Bench also confirmed the order of the learned Single Judge on 11.08.2021. The petitioners pointed out that the Government complied with the orders by issuing G.O.(2D) No.9, Environment, Climate Change and Forests (FR-II) Department dated 08.02.2022. As the petitioners were not benefitted with the order, they came forth with the present writ petition.

5. The learned Single Judge, following the orders earlier passed, allowed the writ petition, directing the respondents to consider the representation dated 26.11.2021 in the light of the order passed by this Court in W.P.No.21349 of 2023 etc., batch dated 03.08.2023. Aggrieved by the same, the present writ appeal is filed.

6. We heard Mr.R.Neethiperumal, learned Government Advocate for the appellants and Ms.K.Jenitha for the respondents.

7. We should point out the issue raised in the writ petition is no longer res integra. Persons similarly situated as the petitioners had approached this Court and obtained reliefs. Similarly, several persons have approached this Court and this Court too has directed the Government to grant the benefits that have been given to other employees to such persons also as early as on 20.01.2015. while disposing

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