IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN

and

W.M.P.Nos.11534 & 11535 of 2024

1.K.Raja Manickam

2.M.Krishnan …. Petitioners

Vs

1.The State of Tamil Nadu,

Rep. by the Secretary to Government,

Environment, Climate Change and Forest Department,

Chennai -600 009.

2.The Principal Chief Conservator of Forests,

(Head Of Forest Force), Guindy,

Chennai -600 032.

3.The District Forest Officer,

The District Forest Office,

Tirupathur. …. Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the order passed by the 1^st Respondent herein vide his proceedings in G.O.(2D) No. 34 Environment, Climate Change and Forests(FR.2ii) Department dated 17.02.2023 and G.O.(2D) No. 95, Environment, Climate Change and Forest

(FR.2.ii) Department dated 03.05.2023 and quash the same as illegal, arbitrary, unreasonable being violative of rules and principles of natural justice and thereby direct the respondents to regularize the services of the petitioner as Forest Watchers from 08.03.1999 on par with their juniors for the purpose of pension and other retirement benefits.

For Petitioner : Mr.A.R.Suresh For Respondents : Mr.C.Selvaraj Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the order dated 03.05.2023 passed by the first respondent, thereby rejecting the request made by the petitioner seeking regularisation of his service with effect from 24.01.1995 on par with similarly placed persons.

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

3.The petitioners were appointed as Nominal Muster Roll Workers on daily wage basis in the Government Sandalwood Sales Depot, Tirupattur District, under the Environment, Climate Change and Forest Department of Government of Tamil Nadu. The first petitioner was appointed on 08.09.1980 and the second petitioner was appointed on 28.02.1981. However, their services were regularised only from 21.03.2018 by creating supernumerary post of Plot Watchers in the scale of Rs.2500 – 5000 with Grade Pay of Rs.500/-. The petitioners had rendered about 38 years of uninterrupted service. Since the petitioners were regularized only from 21.03.2018, they were denied pensionary benefits, since their services were regularized after the introduction of Contributory Pension Scheme with effect from 01.04.2003. With regard to the issue of regularisation of services of the Plot Watchers and Village Social Forestry Workers as Forestry Watchers, the Government issued G.O.Ms.No.332, Environment and Forest Department dated 22.12.1994, prescribing SSLC as the minimum general educational qualification for appointment to the post of Forest Watcher as the post of Plot Watchers and Social Forestry Workers are non-cadre posts. Those who possessed SSLC qualification were directly absorbed as Forest Guards, while those who did not possess the SSLC qualification approached the Tamil Nadu Administrative Tribunal challenging the said Government Order.

4.The Tribunal directed the respondents to give preference to the Plot Watchers and Social Forestry Workers at the time of regularisation. At that juncture, the Government issued G.O.Ms.No.64, Environment and Forest Department, dated 08.13.1999, superseding the earlier G.O.Ms.No.332, dated 22.12.1994 by cancelling the same and ordering to prepare a state wide seniority list for the purpose of absorption of the Plot Watchers and the Social Forestry Workers as Forest Watchers. Accordingly, the Government issued G.O.Ms.No.95, Environment and Forest Department dated 07.08.2009, creating 3058 supernumerary post of Plot Watchers in the scale of pay of Rs.2500-5000 with Grade Pay of Rs.500/- in the special time scale of pay for the post of Plot Watchers.

5.Though the Association had filed an Original Application before the Tribunal in O.A.No.2160 of 1989, the