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2025 Supreme(Online)(Mad) 72179

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
K.THIYAGARAJAN – Appellant
Versus
THE STATE OF TAMIL NADU REP BY SECRETARY TO GOV – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-11-2025 CORAM THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN and WMP No.17930 of 2025

1. K.Thiyagarajan

2.P Kumaresan 3.A.Anbalagan

4.A.Boopalan Petitioner(s)

Vs

1. The State of Tamil Nadu, Rep By its Addl. Chief Secretary to Government, Environment Climate Change and Forest Department, Fort St George, Chennai - 9.

2.The Principal Chief Conservator of Forest and Head of Forest Force, Joint Forest Management, Velachery Main Road, Guindy Chennai – 32.

Respondent(s)

PRAYER: This writ petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for records in G.O.(2D) No. 110 environment climate change and forest FR2 department dated 04.08.2022 and quash the same in so far as regularization of the petitioners service with effect from 24.01.1995 instead of 08.03.1999 and further direction directing the respondents to consider the notional regularization to the petitioner as Forest watcher with effect from 24.01.1995 instead of 08.03.1999 for the purpose of getting revised pension on par with juniors same was done in similarly placed persons in G. O.(2D) No. 177 environment climate change and Forest (FR 2II) department dated

14.11.2022 within the time limit to be stipulated by this Court.

For Petitioner(s): Ms.K.Jenitha For Respondent(s): Mr.C.Selvaraj AGP

ORDER

The writ petition has been filed in the nature of Certiorarified Mandamus to call for records in G.O.(2D) No. 110 Environment Climate Change and Forest FR2 Department dated 04.08.2022 and quash the same in so far as regularization of the petitioners’ service with effect from 24.01.1995 instead of 08.03.1999 and further direction directing the respondents to consider the notional regularization to the petitioners as Forest watcher with effect from 24.01.1995 instead of 08.03.1999 for the purpose of getting revised pension on par with juniors same was done in similarly placed persons in G. O.(2D) No. 177 Environment Climate Change and Forest (FR 2II) Department dated

14.11.2022 within the time limit to be stipulated by this Court.

2. In the affidavit filed in support of the Writ Petition, it has been stated that the Writ Petitioners had been initially appointed as Plot Watchers on daily wage basis on 01.02.1982, 04.01.1980, 09.05.1983 & 15.12.1980 respectively in the Forest Department. Their services were not regularized for a number of years. Thereafter the State wise seniority list was prepared. But it was not given effect to in letter and spirit. It was not followed by the department in the matter of regularization of the service of the employees on daily wage basis. This resulted in juniors being regularized even before the petitioners. The petitioners were regularized only after rendering 35, 34, 26 & 37 years of service respectively. It is stated that overlooking the seniority list, 425 Plot Watchers were given appointment as Forest Watchers on 24.01.1995 itself. The petitioners however got that particular benefit only on 08.03.1999. The petitioners state that they should be treated in equal terms on par with their juniors as on 24.01.1995. In this connection, the learned counsel for the petitioners placed reliance on the orders of a learned single judge of this Court in W.P.Nos.19373 and 19383 of 2024 in A.Krishnamoorthy vs. Government of Tamil Nadu, Represented by its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Chennai and anr. wherein the learned single Judge of this Court while examining a similar issue, had held as follows:

“7. As rightly pointed out by the learned counsel for the petitioners, originally, the eligibility for the cadre post of Forest Watcher was only the ability to read and write in Tamil, along with a height of 163 cms. By way of the Government Order in G.O. (Ms) No. 332, Environment and Forests (FR. VI) Department, dated 22.12.1994, the minimum general education qualification, i.e., SSLC, was fixed

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