IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:15.12.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.M.P.Nos.2879, 2880 & 8778 of 2024

1.S.Kuluthunga Cholan

2.L.Siyam Sundar

3.G.Baskaran

4.M.Aruljothi ... 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, Secretariat, Chennai-600 009.

2.The Principal Chief Conservator of Forests, Head of Forest Force, Velachery Main Road, Guindy, Chennai-600 032.

3.Rajan

4.V.Venkatesan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned order of the 1^st respondent dated 24.01.2024 made in G.O.(2.D) No.15, Environment, Climate Change and Forest (FR.2(i)) Department and quash the same, consequently direct the Respondents 1 and 2 to implement the Government Order dated 26.08.2019 in G.O.Ms.No.83, Environment Forest (FR.2 (I) Department with regard to compliance of the directions issued by the Hon’ble Division Bench of this Hon’ble Court dated 17.04.2018 made in W.A.No.811 of

2011 and etc., batch.

For Petitioners : Mr.M.R.Jothimanian For Respondents : Mr. C.Selvaraj, Additional Govt.Pleader for RR-1 to 3 :Mr.T.Dharani for R-4

O R D E R

The present Writ Petition has been filed challenging the order passed by the 1^st respondent granting promotion to the 4^th respondent to the post of Forest Range Officer on par with his Junior C.Ganesan.

2. The petitioners were appointed as Forest Guards in the year 2000 by way of direct recruitment. Subsequently, they were appointed as Foresters in the year 2011. The next avenue of promotion is to the post of Forest Range Officer. It is the case of the petitioners that, despite their eligibility and seniority, they were not granted promotions to the post of Forest Range Officers due to the illegal methods adopted by the respondents 1 & 2 in promoting Plot Watchers/Social Forestry Workers against rota quota to the said post. According to the petitioners, such promotions were contrary to the orders passed by the Division Bench in W.A.No.811 of the 2011 etc., batch wherein, the respondents were directed to re- do the entire excise by constituting a Committee to determine the proper application of rota quota and to examine the legality of promotions granted to the

4^th respondents and 54 others.

3. In compliance of the said order of the Division Bench, the 1^st respondent issued G.O.No.83 dated 26.08.2019. Pursuant to the said G.O, the 4^th respondent was reverted to the post of Forest Guard by order dated 26.08.2019. Challenging the order passed by the Division Bench, a Special Leave Petition was filed before the Supreme Court in S.L.P. (Civil) No.19254 of 2018 and the same is pending consideration. Thereafter, the 4^th respondent submitted a representation to the 1^st respondent seeking fixation of seniority for promotion to the post of Forest Range Officer on par with his junior. Based on the said request, the present impugned order has come to be passed. Aggrieved by which, the present Writ Petition has been filed.

4. Learned Counsel appearing for the petitioners submitted that, while the issue relating to inter se seniority between the petitioners is still pending consideration before the Hon’ble Apex Court, the respondents ought not to have proceeded with the promotion of the 4^th respondents as the orders passed by the Division Bench continues to operate till the outcome of the SLP. He further submitted that, no order of stay has been granted in the SLP as on date. In the absence of any interim stay, the respondents are bound to comply with the orders passed by the Division Bench and therefore, the impugned order of promotion cannot be sustained and is liable to be set aside.

5. Per Contra, learned Additional Government Pleader appearing for the respondents submitted that while reiterating the averments made in the Counter Affidav