IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.11.2009 CORAM:- Hon'ble Mr. Justice R. SUDHAKAR Writ Petition No. 39708 of 2004 and W.P.M.P.No.47333 of 2004 1. S.Manavalan 2. S.Janakiraman 3. D.Umapathy 4. G.Naguram 5. V.Guruchandran 6. S.Nesamani 7. R.Venkatesan ... Petitioners Vs. 1.Government of Tamil nadu rep. by Secretary to Government, Environment and Forests Department,Fort St.George,Chennai.9 2. The Principal Chief Conservator of Forests, Chennai.15. 3. The Conservator of Forests, Chennai Circle, Chennai.6 4. The Assistant Conservator of Forests, Forest Protection Squad, Chennai.6 ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of of a writ of mandamus directing the respondents to allow the petitioners to discharge their duties continuously and to regularise their services from the date of their respective initial appointment and to absorb them in regular establishment in the Forest Department with consequential benefits. For Petitioner : Mr.M.Ravi For respondents : Mr. V.S.Sethuraman, Spl.G.P.(F) https://hcservices.ecourts.gov.in/hcservices/ O R D E R This writ petition has been filed by seven petitioners seeking a direction to respondents to regularaise their services from the date of their initial appointment. 2. The petitioners were serving in the Forest Department on daily wages basis and they were assigned the job of watchmen. They were initially inducted in the year 1992, 1993, 1996, 1995, 1992,1996 and 1993 respectively. According to the petitioners, they have worked till 31.03.2004 continuously, except for a brief artificial break. In view of the long period of service in the Forest Department, they claim for regularisation of their services stating that similarly placed persons have been regularised in various proceedings. The petitioners have submitted a representation dated 02.05.2004 in this regard. Such representation was not considered. Hence the present writ petition. 3. At the time of hearing writ petition, the learned counsel for the petitioner relied upon G.O.Ms.No.22 Personnel and Administrative Reforms (F) Department dated 28.02.2006 and G.O.Ms.No.95, Environment and Forest (Va.2) Department, dated 07.08.2009 and has stated that the Government has granted the relief of regularisation in respect of similarly placed persons, who have put in long years of service. Petitioners pray that the same benefit should be extended to them. 4. The respondents appeared through counsel and a counter has been filed sating that petitioners are the employees working on daily wages basis and therefore, their services cannot be regularised. 5. As to the nature of the petitioners' claim for regularisation, it is for the Government to decide as to what relief should be granted to them based on the number of years of service considering the nature of employment. In the present case, as has been pointed out by the counsel for the petitioners, the appropriate authorities of the Government are directed to consider the representation of the petitioners dated 02.05.2004 taking into consideration of the G.O.Ms.No.22 Personnel and Administrative Reforms (F) Department dated 28.02.2006 and G.O.Ms.No.95, Environment and Forest (Va.2) Department, dated 07.08.2009, which relates to the Regularisation of services of similarly placed persons, who are the employees working on daily wages basis. 6. In the result, the Writ Petition is disposed of with a direction to the first respondent/Government to consider the representation of the petitioner dated 02.05.2004 and dispose of the https://hcservices.ecourts.gov.in/hcservices/ same within a period of 12 weeks from the date of receipt of a copy of this order. Connected miscellaneous petition is closed. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar PAL To 1.The Secretary to Government, Government of Tamil nadu Environment and Forests Department, Fort St.George,Chennai.9 2.The Principal Chief Conservator of Forests,Chennai.15. 3.The Conservator of Forests, Chennai Circle, Chennai.6 4.The Assistant Conservator of Forests, Forest Protection Squad, Chennai.6 +1 CC to Special Government Pleader Sr.59780/2009 +1 CC to Mr.M.Ravi, Advocate, Sr.59904/2009 W.P. No. 39708 of 2004 RB (CO) SRA 19/11/2009 https://hcservices.ecourts.gov.in/hcservices/