IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

and

W.M.P.No.49248 of 2025

1.K.Gurunanjan

2.P.Ganesan ...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 &,

Head of Forests,

Velachery Main Road, Guindy,

Chennai-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.LL1/36572/2023 dated 24.04.2024 on the file of the 2^nd respondent and quash the same with consequential direction to the respondents to notionally regularize the petitioners service by relaxing the rules after completion of ten years from date of initial appointment as a Plot Watcher on daily wage basis on par with Junior Namely Mr.N.Ramanathan seniority along with regular service as qualifying service for the purpose of getting pension and family pension in the light of Honble Supreme Court Judgment delivered in C.A.No.6798 of 2019 dated

02.09.2019 and Orders passed in W.P.No. 34266 of 2023 dated 23.01.2024, W.P.No. 19605 of 2024 dated 15.07.2024 and W.P.(MD).No.12258 of 2024 dated 12.06.2024 were Complied in G.O.(2D).No. 33 dated on 03.03.2025 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 Honble Court.

For Petitioners : Mr.Kanna Patel. I For Respondents : Dr.S.Sreenivasan Special Government Pleader

ORDER

This writ petition has been filed calling for the entire records which culminated in issuing in Ref.No.LL1/36572/2023 dated 24.04.2024 on the file of the 2^nd respondent and quash the same with consequential direction to the respondents to notionally regularize the petitioners service by relaxing the rules after completion of ten years from date of initial appointment as a Plot Watcher on daily wage basis on par with Junior Namely Mr.N.Ramanathan seniority along with regular service as qualifying service for the purpose of getting pension and family pension in the light of Honble Supreme Court Judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and Orders passed in W.P.No. 34266 of 2023 dated 23.01.2024, W.P.No. 19605 of 2024 dated 15.07.2024 and W.P.(MD).No.12258 of 2024 dated 12.06.2024 were Complied in G.O.(2D).No. 33 dated on 03.03.2025 respectively of the 1^st Respondent as per Tamil Nadu Fundamental Rule 27(17) to Confer all Consequential pensionary benefits

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

3. The petitioners had joined in the Forest Department on daily wage basis on various dates. As per G.O.Ms.No.95, Environment and Forest Department dated 07.08.2009, the petitioners were brought in regular time scale of pay in the service of Plot Watcher (supernumerary), non-cadre post from 07.08.2009. Subsequently, they were promoted as Drivers in the cadre post on various dates. Subsequently, they retired from service due to the attainment of age of superannuation. However, the petitioners 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, their 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 Forest Department dated 22.12.1994, SSLC was prescribed as minimum general educational qualification for bringing into