Madras High Court
S.Anandan vs The Principal Chief Conservator Of ... on 30 October, 2017
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :30.10.2017 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.21091 of 2014 S.Anandan ..Petitioner vs 1. The Principal Chief Conservator of Forests, Panagal maligai,Saidapet, Chennai 15 2. The District Forest Officer, Vellore. 3. The Ranger, Social forests, Kudiyatham, Thiruvannamalai District. 4. The Ranger, Social Forests, Vellore. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to extend the benefit of the order in W.A.No.887 of 2010 dated 29.04.2011 which was implemented vide G.O.(Ms) No.140 Environment and Forests (FR-2 Department dated 30.05.2012 to the petitioner by appointing the petitioner as Plot Watcher. For Petitioner : Mr.A.R.Nixon for M/s.K.Vasudevan For Respondents : Mr.K.Venkata Ramani, AAG-III Assist by Mr.M.Santhana Raman Additional Government Pleader(Forests) O R D E R
The relief sought for in this writ petition is for a direction to the respondents to extend the benefit of the order in W.A.No.887 of 2010 dated 29.04.2011 which was implemented vide G.O.(Ms) No.140, Environment and Forests (FR-2 Department dated 30.05.2012) to the petitioner by appointing the Petitioner as Plot Watcher.
2.The learned counsel appearing for the writ petitioner made a submission that the writ petitioner was temporarily appointed as Plot Watcher in the year 1981 and thereafter, he was continuously served. The Petitioner claims that from 01.04.1981 to 31.03.1986, he was continuously working and thereafter, transferred to the Social Forest Range Office at Vellore and there he worked till 10.09.1988. When the Writ Petitioner was working in the Social Forest Range Office at Vellore, the Government issued G.O.Ms.No.592 transferring a section of temporary Plot Watchers to the Rural Development Department. Accordingly, the Writ Petitioner was also transferred. However, no posting order was issued to him and he was under compulsory wait and during the Compulsory wait period, no salary has been paid to the employees who were transferred by the Government to the Rural Development Department. Thereafter, the Government issued G.O.Ms.No.65, Environment and Forests Department dated 08.03.1999, stating that the state wide seniority list in accordance with their date of joining will be maintained in respect of the Plot watchers who were transferred from Forest Range Office to the Rural Development Department. Subsequently, the Government issued G.O.Ms.No.95 , Environment and Forests Department dated 07.08.2009, stating that out of 5497 persons contained in the Statewide Seniority List, 3058 persons have to be given posting on regular basis. In order to remove the difficulties in the subject matter and keeping in view of the long pending demands of the Plot watchers and Village Social Forestry workers who are suffering without getting any benefit of a regular permanent job even after working for several years on daily wage basis, it was ordered that, out of the remaining 3058 persons available in the statewide seniority list, those who have rendered a service of more than 10 years be appointed as Plot Watchers in the Supernumerary post created with a special scale of pay of Rs.2500-5000 with the grade pay of Rs.500 and their service be regularized from the date of issue of the order.
3.Accordingly, a large number of eligible persons who had completed 10 years of service as temporary Plot watchers, were brought under the regular establishment. Thereafter, the Government relaxed the qualification of 10 years of service also. Thus, it is clear that the persons who have served as temporary Plot watchers are brought under the regular establishment to the post as per their Statewide seniority list .
4.The learned Additional Advocate General appearing for the respondents made a submission that the permanent observation of these temporary employees into the regular establishment is subject to the acquisition of required qualifications by the employees under the rules. In this regard, this Court is of the opinion that fulfilling of the requisite qualification under the rules are certainly mandatory and the respondents are at liberty to verify the respective service records of this petitioner's and accordingly, issue appropriate orders.
5.Thus, the respondents are directed to consider the case of the writ petitioner in accordance with the Statewide seniority and by verifying his service records and qualifications and thereafter, issue appropriate orders within a period of 12 weeks from the date of receipt of copy of this order.
6.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs.
30.10.2017 vum/kak To
1. The Principal Chief Conservator of Forests, Panagal maligai,Saidapet, Chennai 15
2. The District Forest Officer, Vellore.
3. The Ranger, Social forests, Kudiyatham, Thiruvannamalai District.
4. The Ranger, Social Forests, Vellore.
S.M.SUBRAMANIAM J.
vum/kak W.P.No.21091 of 2014 30.10.2017