Madras High Court
T.Durai vs Government Of Tamil Nadu on 22 August, 2014
Author: R.S.Ramanathan
Bench: R.S.Ramanathan
In the High Court of Judicature at Madras Dated: 22.08.2014 Coram: THE HONOURABLE MR. JUSTICE R.S.RAMANATHAN Writ Petition Nos.22755 to 22761 of 2014 W.P.22755 of 2014 1. T.Durai 2. A.Sekar 3. J.Kannan 4. T.Palanivel 5. E.T.Vasanthakumari 6. B.Murugesan 7. S.Ramachandran 8. G.Moorthy 9. A.Viswanathan 10. P.Vijayan 11. L.Saraswathi 12. A.Anbalagan 13. P.Krishnasamy 14. K.Murugan 15. V.Ramalingam 16. K.Selvaraj 17. V.Chandrakasan 18. V.Subramanian 19. J.Chockalingam ... Petitioners Versus 1.Government of Tamil Nadu represented by its Secretary Environment and Forest Department Fort St. George Chennai 600 009. 2.The Principal Chief Conservator of Forests Panagal Building Saidapet Chennai 600 015. ... Respondents Writ Petition W.P.22755 of 2014 is filed under Article 226 of the Constitution of India praying for issuance of 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 and W.P.No.23374 of 2008 dated 30.10.2009, W.A.No.607 of 2010 dated 29.03.2010 and proceedings of the second respondent dated 07.01.2011 Ref.No.LL1/61824/2008 and confer all consequential benefits. For Petitioner in all W.Ps. .. Mr.T.Sellapandian for Mr.S.Mani For Respondents in all W.Ps. .. Mr.N.Inbanathan Government Advocate COMMON ORDER
Mr.N.Inbanathan, learned Government Advocate takes notice for the respondents. By consent, the Writ Petitions are taken up for final disposal, at the admission stage itself.
2. It is the case of the petitioners that the petitioners were appointed on daily wages in the Forest Department and subsequently, their services were regularised, 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 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 some of the petitioners were brought into regular time scale of pay as Forest Watchers and some of them were promoted to the post of Forest Guards, some of the petitioners have not even brought on cadre post of Forest Watcher, but in a non-cadre post of Plot Watcher (Suprnumerary).
3. 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.
4. Heard the learned Government Advocate appearing for the respondents.
5. 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 Watches, 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.
6. With the above directions, the Writ Petitions are disposed of. No costs.
22.08.2014 Index:Yes/No Internet:Yes/No mra Note to Office : Issue order copy on 04.09.2014.
To
1.The Secretary to Government Environment and Forest Department Fort St. George Chennai 600 009.
2.The Principal Chief Conservator of Forests Panagal Building Saidapet Chennai 600 015.
R.S.RAMANATHAN, J.
mra W.P.Nos.22755 to 22761 of 2014 22.08.2014