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.49543 of 2025

1. R.Krishnaraj

2. P.Raju

3. M.Joseph ...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, Velacherry Main Road, Guindy, Chennai, Tamil Nadu State-600 032. ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to calling for the entire records which culminated in issuing in Ref.No.HOTNFD/LL1/12716/2025 dated 28.10.2025 on the file of the second 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 the date of initial appointment as a Plot Watcher on daily wage basis on par with Junior Namely Mr.Karunanidhi seniority along with regular service as qualifying service for the purpose of getting pension and family pension in the light of Hon’ble Supreme Court Judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and Hon’ble Madras High Court orders passed in W.P. No.21627 of 2021 dated 07.10.2021, W.P.(MD) No.15339 of 2024 dated 10.07.2024, W.P.No.18079 of 2019 dated 19.11.2024 and W.P.No.19605 of 2024 dated 15.07.2024 were complied in G.O.(2D) No.127 dated on 03.06.2023, G.O.(2D) No.32 dated on 28.02.2025 and G.O.(2D) No.65 dated 21.04.2025 respectively of the first respondent as per Tamil Nadu Fundamental Rule 27(17) to Confer all Consequential pensionary benefits within time frame as fixed by this Hon’ble Court.

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

ORDER

This writ petition has been filed to calling for the entire records which culminated in issuing in Ref.No.HOTNFD/LL1/12716/2025 dated 28.10.2025 on the file of the second 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 the date of initial appointment as a Plot Watcher on daily wage basis on par with Junior Namely Mr.Karunanidhi seniority along with regular service as qualifying service for the purpose of getting pension and family pension in the light of Hon’ble Supreme Court Judgment delivered in C.A.No.6798 of 2019 dated 02.09.2019 and Hon’ble Madras High Court orders passed in W.P. No.21627 of 2021 dated 07.10.2021, W.P.(MD) No.15339 of 2024 dated 10.07.2024, W.P.No.18079 of 2019 dated 19.11.2024 and W.P.No.19605 of 2024 dated 15.07.2024 were complied in G.O.(2D) No.127 dated on 03.06.2023, G.O.(2D) No.32 dated on 28.02.2025 and G.O.(2D) No.65 dated 21.04.2025 respectively of the first respondent as per Tamil Nadu Fundamental Rule 27(17) to Confer all Consequential pensionary benefits within time frame as fixed by this Hon’ble Court.

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 from the year 1978. 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 Forest Watcher (Supernumerary post) 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 their retirement, since their 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 befor