Denial of regularization and benefits to long-serving Plot Watcher despite seniority lists violates Article 14 equality.

(Judgment of the Court was delivered by N.Senthilkumar J.)

This intra court appeal is directed against the order passed by the Writ Court dated 03.08.2023 made in W.P.No.21915 of 2023, which was disposed of vide a common order involving a batch of similar petitions.

2.In view of the order that is going to be passed in this Appeal at the admission stage, notice to the respondent is dispensed with.

3.The respondent/writ petitioner was appointed as a Plot Watcher on

01.10.1980 on daily wage basis. Although the petitioner’s name was included in the State Wide Seniority lists drawn up by the Department in 1994 and 1999, the same was not followed properly was his case. The primary grievance of the petitioner was that while his service was regularized only after a period of 28 years, his juniors, specifically one Mr.P. Karuppiah was brought into the regular time scale as early as 24.01.1995.

4.Similarly placed persons, viz., P.Sundaram, P.Govindan and 23 others filed W.P.Nos.15561 of 2006 and 23374 of 2008 before this Court and the same was disposed on 10.03.2008 and 30.10.2009 with a direction to consider their claim for appointment as Forest Watchers on par with their juniors. The Department filed Appeals in W.A.Nos.690 of 2008 and 607 of 2010 against the above said orders and the same were dismissed by the Hon’ble Division Bench of this Court on 13.10.2009 and 29.03.2010 respectively. Subsequently, the department implemented the order of this court vide orders dated 15.11.2010 and 07.01.2010.

5.The Government came out with a Government Order in G.O.Ms.No.64, Environment and Forest (FR2) Department dated 08.03.1999 for preparation of statewide seniority for all Social Forestry Workers and Plot Watchers for the purpose of regularisation. Thereafter, G.O.(2D) No.122, Environment, Climate Change and Forest (FR.2(ii)) Department dated 12.08.2022, was issued in pursuant to the order of this Court in W.P.No.19020 of 2021 for regularising services of similarly placed persons. In light of the above said orders, insofar as the respondent / writ petitioner is concerned, such a gesture has not been shown.

Therefore, the writ petitioner approached the authorities to seek for such a benefit, which was not considered and hence the writ petitioner approached the writ court seeking regularization of service for pensionary benefits.

6.The writ court allowed the said writ petition directing the appellants herein to consider the case of the petitioner in light of the above said Government order and to grant him the same benefits as the similarly placed persons.

7.Aggrieved over the same this Writ Appeal has been filed. Regarding the issue of Regularisation of the Plot Watchers who have rendered decades of service, we are of the view that it is no longer res integra, as numerous orders have been passed by this Court and implemented by the Government. To deny the respondent the same relief granted to his juniors and other similarly situated persons would amount to discrimination and violation of Article 14 of the Constitution of India.

8.When that being so, the present petitioner alone cannot be singled out.

Therefore, the benefit accrued on him since has been denied, the Writ Court has rightly interfered with the same, we do not propose to interfere with the said approach and the conclusion reached by the Writ Court. Therefore, for all these reasons, the present appeal deserves to be rejected. Accordingly, it is dismissed.

9.Therefore, it is hereby directed that the Principal Chief Conservator of Forests shall comply with the Government Order and pass necessary orders to that effect regularising the services of the writ petitioner with effect from the dat