Madras High Court
K.Natarajan vs Government Of Tamil Nadu on 17 May, 2017
Author: M.Govindaraj
Bench: M.Govindaraj
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.05.2017 CORAM THE HONOURABLE MR. JUSTICE M.GOVINDARAJ W.P.Nos.12875 to 12879 of 2017 1.K.Natarajan 2.P.Annamalai 3.K.Sekar 4.B.Pachiappan 5.Sampath.A 6.H.Mohamed Bashah 7.S.Subramani 8.V.Ramalingam 9.G.Venkatachalam 10.P.Dhanapal ... Petitioners in W.P.No.12875/2017 1.P.Palanisamy 2.M.Eswaran 3.M.Karippiah 4.D.Kannan 5.V.Ganapathy 6.K.Saraswathi @ Sarasu 7.T.Thirumal 8.C.Sekar 9.C.Kadhirvel 10.K.Kannan 11.C.Selvaraj 12.A.Pachiyappan 13.V.Perumal 14.G.Kuppusami ... Petitioners in W.P.No.12876/2017 1.C.Govindaraj 2.A.Kuppan 3.R.Munusamy 4.P.Veerasamy 5.E.Jayakumar 6.C.Anandan 7.A.Bathran 8.T.K.Rudrappan 9.G.Thiruvenkadam 10.D.Sundaram ... Petitioners in W.P.no.12877/2017 1.T.M.Babu 2.V.Loganathan 3.V.Perumal 4.M.Mani 5.M.Vellingiri 6.M.Krishnasamy 7.V.Angamuthu 8.C.Kulandiyan 9.G.Kasi 10.R.Chinnan 11.K.Pandurangan 12.G.Varadaraj 13.I.Narasimman 14.P.Dhanapal 15.S.Chezhiyan 16.J.Mariadass 17.K.Karmegam 18.S.Vadamalaiyan 19.M.Mani 20.S.Jothi 21.A.Kuppusamy 22.M.Ramadoss 23.C.Beeman 24.N.R.Aruldoss 25.N.V.Ganesan 26.A.Kasthuribai 27.S.Kannan 28.V.Annamalai 29.R.V.Ambika 30.S.Kasinathan ... Petitioners in W.P.No.12878/2017 1.P.Kuppusamy 2.M.Eattu 3.C.Kamaraj 4.Narayanasamy 5.A.Kathiresan 6.C.Palani 7.R.Mohanam 8.N.Samikannu 9.G.Anniyappan 10.M.Venkatesan 11.M.Lakshmanan 12.S.Vallinayagam 13.G.Deivanayagam 14.V.Gopal 15.M.Ramasamy 16.A.Kalaiselvi 17.M.Gopalakrishnan 18.M.Saratha 19.S.Anthonysamy ... Petitioners in W.P.No.12879/2017 Vs. 1.Government of Tamil Nadu, rep. by its Secretary, Environment and Forest Department, Fort St. George, Chennai 600 090. 2.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai 600 015. ... Respondents Prayer : Petitions filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus directing the respondents to appoint the petitioners as regular time scale Forest Watchers taking into account of their seniority and qualification, on par with their juniors in the light of the orders passed in W.P.No.15561 of 2006 dated 10.03.2008, W.A.No.690 of 2008 dated 13.10.2009, W.P.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 20.03.2010 and proceedings of the second respondent dated 07.01.2011 and confer all consequential benefits. For Petitioners : Mr.S.Mani For Respondents : Mr.N.Inbanathan Govt. Advocate (Forest) COMMON ORDER
By consent, the writ petitions are taken up for final disposal at the admission stage itself.
2. Mr.N.Inbanathan, learned Government Advocate (Forest) takes notice for the respondents.
3. Heard both sides.
4. The petitioners were appointed on daily wages in the Forest Department and subsequently, their services were regularised as Forest Watcher but not on par with their juniors. However, the juniors of the petitioners who are able to read and write and acquired SSLC qualification were promoted earlier than petitioners as per the qualification fixed by the G.O.Ms.No.332, Environment and Forest Department, dated 22.12.1994. Thereafter, G.O.Ms.No.64, Environment and Forest Department, dated 08.03.1999 was issued restoring the qualification of ability to read and write instead of SSLC. Though the petitioners were promoted as Forest Watchers / Forest Guards as the case may be, the regularisation of the services of the petitioners as Forest Watcher on par with their juniors has not been done.
5. The learned counsel appearing for the petitioners would submit that the issue is already covered by the decision in the Writ Petition filed by similarly placed persons in W.P.No.15561 of 2006 dated 10.03.2008, which was confirmed in W.A.No.690 of 2008 dated 13.10.2009.
6. Considering the fact that the petitioners juniors were already regularised even before the petitioners could get regularised as per the decision referred to above, it is appropriate to direct the respondents to regularise the service of the petitioners on par with their juniors as Forest Watchers within a period of twelve weeks from the date of receipt of a copy of this order. The petitioners are entitled to only regularisation from the date on which the juniors were regularised and they are not entitled to any monetary benefits from that date.
7. With the above direction, the writ petitions are disposed of. No costs.
17.05.2017
Index : Yes/No
Internet : Yes/No
bbr
To
1.The Secretary,
Environment and Forest Department,
Fort St. George,
Chennai 600 090.
2.The Principal Chief Conservator of Forests,
Panagal Building,
Saidapet, Chennai 600 015.
M.GOVINDARAJ ,J.
bbr
W.P. Nos.12875 to 12879 of 2017
17.05.2017
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