IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.11.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.46023 of 2025 and W.M.P.No.51332 of 2025 S.Lakshmanan ...Petitioner -Vs-

1.The State of Tamil Nadu Rep. By its Additional Chief Secretary to Government, Environment, Climate Change and Forest Department, Fort St.George, Chennai, Tamil Nadu -600 009.

2.The Principal Chief Conservator of Forests &

Head of Forests Force, Velachery Main Road, Guindy, Chennai Tamil Nadu -600 032. ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the entire records which culminated in issuing in Ref.No.Pen1/015583/2022 dated 09.11.2022 on the file of the second respondent and quash the same with consequential direction to the respondents to notionally regularize the petitioner’s service by relaxing the rules after completion of ten years from the date of initial appointment as a Plot Watcher on daily wage basis on par with the Juniors, namely, Mr.(Late) A.Sanmugavelu and Mr.M.Karunanidhi seniority along with regular service as qualifying service for the purpose of getting pension and family pension in the light of Hon'ble Supreme Court Judgment delivered in C.A.No.6789 of 2018 dated 02.09.2019 and this Court orders passed in W.P.No.20845 of 2023 dated 03.08.2023, W.P.(MD) No.15339 of 2024 dated 10.07.2024, W.P.No.19605 of 2024 dated 15.07.2024 and W.P.No.18079 of 2019 dated 19.11.2024 were complied in G.O.(2D) No.98, dated 24.09.2024 and G.O.(2D) No.65, dated 21.04.2025 respectively of the 1^st respondent as per Tamil Nadu Fundamental Rule 27(17) to confer all consequential pensionary benefits within time frame as fixed by this Court.

For Petitioner : Mr.Kanna Patel I For Respondents : Mr.C.Selvaraj Additional Government Pleader

ORDER

This writ petition has been filed calling for the entire records which culminated in issuing in Ref.No.Pen1/015583/2022 dated 09.11.2022 on the file of the second respondent and quash the same with consequential direction to the respondents to notionally regularize the petitioner’s service by relaxing the rules after completion of ten years from the date of initial appointment as a Plot Watcher on daily wage basis on par with the Juniors, namely, Mr.(Late) A.Sanmugavelu and Mr.M.Karunanidhi seniority along with regular service as qualifying service for the purpose of getting pension and family pension in the light of Hon'ble Supreme Court Judgment delivered in C.A.No.6789 of 2018 dated 02.09.2019 and this Court orders passed in W.P.No.20845 of 2023 dated 03.08.2023, W.P.(MD) No.15339 of 2024 dated 10.07.2024, W.P.No.19605 of 2024 dated 15.07.2024 and W.P.No.18079 of 2019 dated 19.11.2024 were complied in G.O.(2D) No.98, dated 24.09.2024 and G.O.(2D) No.65, dated 21.04.2025 respectively of the 1^st respondent as per Tamil Nadu Fundamental Rule 27(17) to confer all consequential pensionary benefits within time frame as fixed by this Court.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner had joined in the Forest Department on daily wage basis, on 16.12.1980. After rendering more than two decades of service, he was promoted and posted as Forest Watcher. Subsequently, he retired from service due to the attainment of age of superannuation. However, the petitioner did not get any pensionary benefits after his retirement, since his service was regularized only after 01.04.2003, viz., after the cut-off date fixed by new pensionary scheme for purpose of getting pension. However, his juniors, whose service were regularized before 01.04.2003 are getting pensionary benefits. The respondents did not follow the seniority list in the matters of regularization of service to the employees engaged on daily wage basis. Till 1994, the only qualification for appointment of Plot Watcher is ability to read and write. However, as per G.O.Ms.No.332 Environment and