PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the entire records of the 2nd respondent herein relating to his impugned order in Ref.No.LL2 /24008/2022 dated 9.2.2023 and quash the same and consequentially direct the respondents 1 to 3 to fix the seniority in the cadre of forest watcher for the purpose of getting minimum pension/family pension on par with Junior M.Rajaram with effect from 31.1.1995 in the light of the order passed in W.P.No.9708 of 2014 dated 12.9.2014 W.P.No.25271 of 2014 dated 17.9.2014 W.A.No.1703 of 2014 dated 20.1.2015 and SLP (Civil)No.12056 of 2015 dated 5.7.2016 with all consequential benefit and pass orders.

For Petitioner: Mr.K.Krishnan For Respondents: Mr.C.Selvaraj

Additional Government Pleader for R1 to R3

ORDER

The writ petition is filed for the following relief :

“ To issue a Writ of Certiorarified Mandamus calling for the entire records of the 2nd respondent herein relating to his impugned order in Ref.No.LL2 /24008/2022 dated 9.2.2023 and quash the same and consequentially direct the respondents 1 to 3 to fix the seniority in the cadre of forest watcher for the purpose of getting minimum pension/family pension on par with Junior M.Rajaram with effect from 31.1.1995 in the light of the order passed in W.P.No.9708 of 2014 dated 12.9.2014 W.P.No.25271 of 2014 dated 17.9.2014 W.A.No.1703 of 2014 dated 20.1.2015 and SLP (Civil)No.12056 of 2015 dated 5.7.2016 with all consequential benefit”

2.The petitioner would submit that he has been appointed as Plot Watcher on 01.04.1982 and was promoted as Forest Watcher on 20.12.2004 and subsequently as Forest Guard on 26.06.2013 and was to retire from service on 30.04.2025, on attaining the age of superannuation. The petitioner would further submit that he had given his representation on 07.03.2022 to the 2nd respondent seeking to appoint and fix his senority in the cadre of Forest Watcher with effect from the date of his junior's regularisation notionally on 31.01.1995, by providing the benefit of relaxation of height. However, his representation was not considered by the 2nd respondent. Hence, the petitioner filed W.P.(MD) No.16981 of 2022 before the Madurai Bench of this Court and the Madurai Bench had disposed of his writ petition by order dated 29.08.2022. Pursuant to the directions of this Court, the 2nd respondent vide impugned order dated 09.02.2023, had summarily rejected the petitioner's claim holding that his promotion to the post of Forest Watcher and Forest Guard is purely based on seniority, and further, the benefit of relaxation of height rule and granting seniority on par with the juniors appointed on 31.01.1995 is not feasible for compliance. Aggrieved by the same the petitioner is before this Court.

3. The third respondent has filed the counter affidavit wherein it has been stated that the petitioner was promoted as Forest Watcher and Forest Guard in the existing vacancies as per the State wide Seniority List. Therefore, his promotion to the said posts is purely based on his seniority. In such circumstances, there is no avenue or opportunity for the petitioner to join in the service as Forest Watcher and to claim the consequential benefits on par with his junior. Further, with regard to the petitioner's claim seeking to appoint him as Forest Watchman on par with his junior M.Rajaram, is not feasible because, his junior Rajaram possessed the required SSLC qualification and eligible height when he was appointed as Forest Watcher on 31.01.1995, whereas the petitioner did not possess the said qualification. He would further submit that height relaxation is a matter of policy decision of the Government and it is subject to time-time need modifications. Therefore, the petitioner cannot claim the height relaxation as a matter of right. Summing up his arguments, the learned counsel appearing for the State sought for dismissal of the writ petition.

4. Heard the