Denial of benefits to similarly placed employees regularized after a cut-off date violates Article 14.

(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 07.08.2023 made in W.P.No.9835 of 2021 & batch.

2. The respondents/writ petitioners were appointed as Plot Watchers on 16.04.1986, 01.04.1987 and 01.10.1984 respectively, on a daily wage basis. They have rendered their service for more than 34 to 36 years in the forest department, however, their service have been regularised only after 01.04.2003. Although the writ petitioners name were included in the State Wide Seniority list drawn for the year 1999, the same was not considered for regularisation of service.

3. It is the case of the respondents/writ petitioners that since their service have been regularised only after 01.04.2003 they stand disqualified from claiming pensionary benefits, but their juniors who have been regularised before

01.04.2003 are getting pensionary benefits.

4. They further contended that similarly placed persons have already filed a Writ Petition in W.P.No.19023 of 2021 and the same was allowed, pursuant to comply with the said order in W.P.No.19023 of 2021 a Government Order was issued in G.O.[2D] No.91 Forest Department dated 30.06.2022. 5. In light of the above said order, no such benefit has been extended to the respondents/writ petitioners herein. Consequently, they approached the writ court.

6. However, the writ court passed an order in W.P.No.9835 of 2021 &

batch dated 07.08.2023, against the appellants/respondents, with the following directions, which are usefully extracted hereunder:

“7. In such view of the matter, the respondents are directed to consider the case of the petitioners in the light of the judgment of the Apex Court and Orders of this Court and as per the above Government Order, as the benefit has been extended to similarly placed person. In fact, the plot watchers are frontline soldiers in forest and they are main protectors of the forest. These facts cannot be disputed by any one. Hence, while passing the Orders, the Government shall take into consideration the nature of service rendered by the petitioners and also the fact that when similarly placed persons have already been granted the relief, if the petitioners 1 and 2 and the husband of the third petitioner are not granted such relief, the same is nothing but discrimination and it violates Article 14 of Constitution of India. In such view of the matter, the respondent shall extend the benefits as per above Government Order as it is extended to similarly situated persons. 8. As far as the Writ Petitions in W.P.Nos.9835 & 19135 of 2021 and W.P.No. 19411 of 2023 are concerned, the respondents are directed to extend the benefits to the petitioners and insofar as Writ Petitions in W.P.Nos.30267 of 2022 and 19406 of 2023 are concerned, the respondents are directed to regularize the services of the first petitioner and husband of the petitioners 2 to 4; petitioners 1 & 2 and husband of the third petitioner respectively as Plot Watchers as per the above Government Order as it is extended to similarly situated persons. Such an exercise shall be completed within a period of six months from the date of receipt of a copy of this Order.”

7. Aggrieved over the same this Writ Appeal has been filed, challenging the said order.

8. Regarding the issue of Regularisation of the Plot Watcher 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 respondents the same relief granted to his juniors and other similarly situated persons would amount to discrimination and a violation of Article 14 of the Constitution of India.

9. In such circumstances, the benefit claimed by the respondents herein cannot be d