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2025 Supreme(Online)(Mad) 76250

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
P.MALAIRAJ – Appellant
Versus
THE STATE OF TAMILNADU – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

P.Malairaj ...Petitioner

-Vs-

1.THE STATE OF TAMILNADUm

REP BY ITS SECRETARY TO GOVERNMENT, ENVIRONMENT,

CLIMATE CHANGE AND FOREST DEPARTMENT, FORT

ST.GEORGE, CHENNAI-9

2.THE PRINCIPAL CHIEF CONSERVATOR OF FOREST &,

HEAD OF FOREST FORCE, JOINT FOREST MANAGEMENT,

VELACHERY MAIN ROAD, GUINDY,

CHENNAI-32 ... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in Ref.No.LL2/38656/2019 dated 22.6.2023 of the 2nd respondent and to quash the same and consequently directing the respondents to regularize our services in the cadre post of Forest watcher for the purpose of getting pension by giving relaxation in respect of height on par with his junior K.Annadurai, S.No.4686 with effect from 24.1.1995 in the light of the order passed in WP No.9708 of 2014 dated

12.9.2014 same was confirmed by the Division Bench in W.A.No.1703 of 2014 dated 20.1.2015 , W.A.No.1838 and 1839 of 2018 dated 11.8.2021 and implementation order passed by the 1st respondent in G.O. (2D)No.28, Environment, Climate Change and Forest(FR.2(ii) Department dated 5.3.2024 and in the light of the order passed in W.P.No.21349 and etc Batch of 2023 dated 3.8.2023 with all consequential benefits For Petitioner : M/s.K.Jenitha For Respondents : Dr.T.Seenivasan, Special Government Pleader

ORDER

This writ petition has been filed to quash the order passed in Ref.No.LL2/38656/2019 dated 22.6.2023 of the 2nd respondent and to direct the respondents to regularize the petitioner’s services in the cadre post of Forest watcher for the purpose of getting pension by giving relaxation in respect of height on par with his junior K.Annadurai, S.No.4686 with effect from 24.1.1995 in the light of the order passed in WP No.9708 of 2014 dated 12.9.2014 same was confirmed by the Division Bench in W.A.No.1703 of 2014 dated 20.1.2015 , W.A.No.1838 and 1839 of 2018 dated 11.8.2021 and implementation order passed by the 1st respondent in G.O.(2D)No.28, Environment, Climate Change and Forest(FR.2(ii) Department dated 5.3.2024 and in the light of the order passed in W.P.No.21349 and etc Batch of 2023 dated 3.8.2023 with all consequential benefits.

2. The petitioner was appointed as Plot Watcher in Social Forestry Division on daily wages basis and his name was included in the statewide seniority list. While being so, the Plot Watchers / Social Forestry Workers were appointed in the regular post of Forest Watcher and Mali irrespective of any physical measurements and without following any seniority. In the year 2006, G.O(2D) No.56, Environment and Forest Department dated 06.09.2006 was passed relaxing the rule of height. According to the petitioner, similarly placed persons had filed writ petitions before this Court for appointment in the post of Forest Watcher on par with the juniors by giving benefit of height relaxation. Those writ petitions were allowed by this Court and the respondents also complied with the directions issued by this Court. Therefore, petitioner submitted representation before the respondents. However, the second respondent has rejected the petitioner’s claim by passing the impugned order. Hence, this writ petition.

3. This issue was already dealt with by this Court in WP.No.34270 of 2023 and this Court by order dated 23.01.2024, quashed the order impugned in that writ petition and directed the respondents therein to consider the representation of that petitioner in the light of the order passed in WP.No.21349 of 2023 and batch dated 03.08.2023. The relevant portion of the order is extracted hereunder:

“5. In similar matters, this Court considered the similar request in W.P.Nos.21349 of 2023 and batch dated 03.08.2023 and held as follows:’

“7. Admittedly, the grievance of the writ petitioner is that he is seeking regularization of service for pensionary benefits. It is

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