WP/40222/2025 of I. ATHMANATHAN Vs GOVERNMENT OF TAMIL NADU on 19 December 2025

ORDER

When the writ petition was taken up for hearing, learned counsel for the petitioner submitted that he may be permitted to withdraw the petition.

2. Hence, the writ petition is dismissed as withdrawn. There will be no order as to costs. 28.10.2025 Speaking (or) Non Speaking Order Neutral Citation: Yes/No mrn G.K.ILANTHIRAIYAN, J. The matter is listed today under the caption 'for being mentioned' in the Chamber at the instance of the learned counsel for the petitioners.

2. The learned counsel appearing for the petitioners submitted that on 28.10.2025, he sought for permission to withdraw the Writ Petition in respect of the first petitioner alone and he has also made an endorsement to that effect in the case bundle and the Writ Petition was disposed of in respect of the second petitioner, instead the Writ Petition was dismissed as withdrawn in toto. Therefore, he prayed for appropriate corrections.

3. In view of the said submission, paragraphs 1 and 2 of the order dated 28.10.2025 shall be substituted by the following paragraphs: “When the Writ Petition was taken up for hearing, the learned counsel appearing for the petitioners submitted that he may be permitted to withdraw the writ petition in respect of the first petitioner alone and he has also made an endorsement to that effect.

2. Recording the submission and endorsement made, this Writ Petition is dismissed as withdrawn in respect of the first petitioner alone.

3. As far as the second petitioner is concerned, this writ petition has been filed for a direction directing the respondents to regularize the petitioners service in the cadre of forest watcher for the purpose of getting minimum pension by giving relaxation in respect of height, same was done in the case of similarly placed persons like petitioners, namely I.Alagarasen and 4 others on 08.02.2022 with effect from 24.01.1995 and in the light of the order passed by this Court in

W.P.No.23647 of 2013 dated 12.09.2014 same was affirmed by Division Bench in W.A.No.2072 of 2018 dated 11.08.2021 and same was implemented by the first respondent in G.O.(2D).No.09 Environment, Climate Change and Forest (FR.2(II) Department dated 08.02.2022 and in the light of the order in W.P.No.21349 & etc. batch of 2023 dated 03.08.2023 and in the light of order in W.P.No.34255 of 2023 dated 23.01.2024 within a time limit that may be fixed by this Court.

4. Heard the learned counsel on either side and perused the materials available on record.

5. The second petitioner was appointed as a Social Forest Worker/Plot Watcher on daily wage basis in the Forest Department. Thereafter, the Government had drawn the State Wide Seniority list for conferment of permanent status as Forest Watcher. The second petitioner included in the Statewide seniority after 22 years of their service. Without following the seniority list, Government issued G.O.Ms.No.95, Environment and Forest Department dated 07.08.2009 and the second petitioner was brought into regular time scale of pay as Plot Watcher/Mali on 28.07.2017. The post to which the second petitioner brought into regular time scale of pay is not a cadre post and it was only a supernumerary post. Therefore, the second petitioner submitted a representation seeking accommodation in the regular cadre post of Forest Watcher by giving him relaxation with respect to height or age as the case may be, so as to enable the second petitioner to get all the consequential benefits.

6. Similarly placed persons were granted relief in W.P.No.23647 of 2013 dated 12.09.2014. The said order was also confirmed by the Hon'ble Division Bench of this Court in W.A.No.2072 of 2018 dated 11.08.2021. In fact, the said order was duly complied with by issuance of G.O.(2D).No.09 Environment, Climate Change and Forest (FR.2(II) Department dated 08.02.2022. However, the representation of the second petitioner is not considered so far.

7. In similar matters, this Court considered the similar request in W.P.Nos.21349 of 2023 and batch dated 03.08.2023 and held as follows:- “7. Admittedly, the grievance of the writ petitioner is that he is seeking regularization of service for pensionary benefits. It is the contention of the writ petitioners that similarly persons have been given such benefits as per Government Orders in G.O.Ms.No.95, Environment and Forest Department, dated 07.08.2009, G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023 and G.O. [2D] No.9, dated 08.02.2022. Based on the Orders of this Court in W.A.No.2072 of 2018, dated 11.08.2021, the Government has issued the Government Order in G.O (2D) No. 08 Environment Climate Change And Forests (FR.2ii) Department dated 09.01.2023. As per the above Government Orders, the relief has been extended to similarly placed persons. Hence, the respondents are directed to consider the case of the petitioners in the light the above Government

Orders, 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 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 Orders as it is extended to similarly situated persons. ......”

8. In view of the above, the respondents are directed to consider the representation submitted by the second respondent dated 03.06.2025 and pass orders on merits and in accordance with law, in the light of the order passed in W.P.Nos.21349 of 2023 and batch dated 03.08.2023, as the benefits have been extended to similarly placed persons, within a period of twelve weeks from the date of receipt of a copy of this order.

9. With the above directions, this writ petition is disposed of in respect of the second petitioner alone. There shall be no order as to costs.”

4. Registry is directed to carry out the aforesaid substitution and issue corrected copy to the respective parties. 19.12.2025 ps To

1. Additional Chief Secretary to Government, Environment & Forest Department, Fort St. George, Chennai 600 009

2. The Principal Chief Conservator of Forests, (Head of Forest force) Velachery main Road, Guindy, Chennai 32

G.K. ILANTHIRAIYAN

, J.

(mrn) W.P.No.40222 of 2025 28.10.2025