IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-11-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

WP No. 46071 of 2025 and

WMP Nos.51386 & 51389 of 2025

1.G.Ragothaman 2.P.Pachaya Pillai

3.M.Muniyan

4.P.Kannan

5.R.Devaraju

Petitioner(s)

Vs

1. The State of Tamilnadu

Rep. By its Addl. Chief Secretary to Government,

Environment, Climate Change and Forest Department,

Fort St.George, Chennai 09.

2.The Principal Chief Conservator of Forest

and Head of Forest Force,

Forest Head Quarters,

Velachery Main Road, Guindy Chennai 32.

Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in Letter No.9988/ FR2(II) / 2016-3, dated 16.03.2017 of the 1st respondent and quash the same in so far as to allow monetary benefits from the date of issue this letter and consequently directing the respondents to pay monetary benefits from the date of joining as forest watcher from 24.08.2005 (1^st petitioner), from 02.07.2004 (2^nd petitioner), from 24.10.20087 (3^rd petitioner), from 03.11.2010 (4^th petitioner) and from 23.08.2005 (5^th petitioner) till the date of retirement as

per Rule 27 (17) of the Tamil Nadu Fundamental rules.

For Petitioner(s): Ms.K.Jenitha For Respondent(s): Dr.T.Seenivasan Spl.G.P.

ORDER

This writ petition has been filed challenging the order passed by the first respondent dated 16.03.2017, thereby rejected the request made by the petitioners seeking monetary benefits from the date of his joining as Forest Watcher.

2.The petitioners had been employed in the forest department as Plot Watcher/Forest Guard. Prior to regularization of their service, they were engaged on daily wage basis. Thereafter, they were brought into regular time scale of pay of Forest Watcher, which is a cadre post. Therefore, they approached this Court and as directed by this Court their services were regularized as Forest Watcher.

3.The specific case of the petitioners is that they had joined in the forest department on daily wages. The petitioners and their juniors were included in the State wide seniority list drawn by the department by taking note of their date of joining in service on daily basis for bringing them into regular scale of pay of Forest Watcher. However, the seniority list was not maintained properly and the services of their juniors have been regularized on 24.01.1995. Therefore, the petitioners and others submitted representation and it was not considered as such, they were constrained to approach this Court in W.P.No.3890 of 2014, and the same was allowed by this Court by an order dated 13.02.2014 and directed to regularize their services on par with juniors.

4.As directed by this Court, the government issued order vide Letter No.9988/ FR2(II) / 2016-3, dated 16.03.2017, thereby regularized the petitioners and others services notionally from 24.01.1995 however granted monetary benefits from the date of issue of the order. It is contrary to the fundamental rules and they are entitled to get monetary benefits with effect from the date of joining as Forest Watcher as per F.R. 27(17) of the Tamil Nadu Fundamental Rules. It is relevant to extract the F.R. 27(17) of the Tamil Nadu Fundamental Rules, as follows:-

"In case, where a government servant has been overlooked for promotion/appointment to the next higher post but subsequently promoted/appointed to that higher post after restoration of his original seniority on appeal, his pay shall be fixed on the date of assumption of charge in the higher post on par with the pay of his junior provided he has not drawn the same rate of pay as junior in the lower post from time to time. If he has not drawn the same rate of pay as his junior in the lower post, his pay shall be fixed, on the date assumption of charge, at the stage at which he would have drawn pay on that date had he been promoted/appointed to the higher post along with his junior. In cases where seniority has been restored on or after 19th Septemb