IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1.K.Senthilkumar

2.A.Krishnaraj

3.R.Lakshmanan ... Petitioners

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 STATE-600 009.

2.THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND

HEAD OF FORESTS FORCE, VELACHERY MAIN ROAD,

GUINDY, CHENNAI, TAMIL NADU-600 032. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to notionally regularize the petitioners 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 similar persons seniority along with regular service as qualifying service for the purpose of getting pension and family pension in the light of Honourable Supreme Court Judgment delivered in C.A. No.6798 of 2019 dated 02.09.2019 and Honourable Madras High Court orders passed in W.P. No.21627 of 2021

dated 07.10.2021 and W.P (MD). No.12258 and 15339 of 2024 dated 10.07.2024 & 12.06.2024 were complied in G.O.(2D) No.127 dated on 03.06.2023 and G.O.(2D) No.32 and 33 dated on 28.02.2025 and 03.03.2025 of the 1st respondent as per Rule 11(1) of the Tamil Nadu Pension Rule, 1978 to Confer all consequential pensionary benefits by the way of our common representation to the respondents within time frame as fixed by this Court.

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

O R D E R

This writ petition has been filed for direction to the respondents to notionally regularize the petitioners’ 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 similar persons seniority along with regular service as qualifying service for the purpose of getting pension and family pension in the light of Honourable Supreme Court Judgment delivered in C.A. No.6798 of 2019 dated 02.09.2019 and Honourable Madras High Court orders passed in W.P. No.21627 of 2021 dated 07.10.2021 and W.P (MD). No.12258 and 15339 of 2024 dated 10.07.2024 & 12.06.2024 were complied in G.O.(2D) No.127 dated on 03.06.2023 and G.O.(2D) No.32 and 33 dated on 28.02.2025 and

03.03.2025 of the 1st respondent as per Rule 11(1) of the Tamil Nadu Pension Rule, 1978 to Confer all consequential pensionary benefits by the way of our common representation to the respondents within time frame as fixed by this Court.

2. Petitioners had joined in Tamilnadu Forest Subordinate Service in temporary capacity as Watcher on fulltime daily wage basis from the 1978 onwards and they were all paid from contingencies in the State Government Funds. Initially they were appointed as Plot Watcher and absorbed as Forest Watcher. After rendering more than two decades of service, they were brought into the regular service in the post of Watcher from the date of initial appointment.

3. The grievance of the petitioners is that the respondents ought to have followed the State Wide Seniority List for the purpose of bringing the Plot Watchers / Social Forestry Workers and Anti Poaching Watchers into regular time scale of pay on completion of ten years of service, but the seniority list of the petitioners was not followed in letter and spirit.

4. In similar issues, the Hon’ble Supreme Court of India held in the case of Prem Singh Vs State of Uttar Pradesh and others in C.A.No.6798 of 2019 dated 02.09.2019, wherein the Hon’ble Supreme Court of India held as follows:-

“35. There are some of the employees who have not been regularized in spite of having rendered the services for 30-40 or more years whereas they have been superannuated. As they have worked in the work-charged establishment, not against any particular project, their services ought to have been regularized under the Governmen