This judgment dismisses a writ petition filed by petitioners seeking promotion to the post of Forest Guard. The High Court held that the petitioners were ineligible as they did not meet the prescribed minimum height requirement under the applicable service rules, rejecting their claim for exemption.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.4688 of 2022
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.4688 of 2022 and W.M.P.No.4808 and 4809 of 2022
Vs.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records in Proc.No.AB2/18140/2021-1 dated 21.10.2021 of the 2nd respondent and quash the same in so far as it relates to non-selection of us along is concerned with consequential direction to the respondents to declare us as selected and
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further direct the respondents to promote us as Forest Guard on par with juniors in that panel and confer all service and monetary benefits in the light of the order made in W.P.Nos.17369 and 17370 of 2012 and P.O.No.Pa2/19/2013 dated 17.04.2013 within time frame.
For Petitioners : Mr.K.Jenitha For Respondents : Mr.S.Rajesh Government Advocate
O R D E R
This Writ Petition has been filed for the quashment of the impugned
order dated 21.10.2020 passed by the second respondent in
Proc.No.AB2/18140/2021-1 and consequently, to direct the respondents to promote the petitioners to the post of Forest Guard on par with their juniors and confer all service and monetary benefits in the light of the order made in
W.P.Nos.17369 and 17370 of 2012 and P.O.No.Pa2/19/2013 dated 17.04.2013, within a stipulated time as fixed by this Court.
materials available on record.
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Social Forestry Workers on daily wages basis on 06.01.1984 through employment exchange. Thereafter, the petitioners were included in the State wise Seniority List in Serial Nos.3303 and 3459 as per G.O.Ms.No.64 dated 08.03.1999 and subsequently, they were brought under the regular time scale of pay as Supernumerary Plot Watcher with effect from 07.08.2009. In the year 2017, the petitioners were appointed as Mali without consideration of their seniority and the next avenue of promotion is to the post of Forest Guard. The second respondent prepared the panel for the post of Forest Guard in 2020-2021, but the petitioners were not selected for promotion due to their height of only 163 cms. The respondents failed to consider the service rule and the judgment of this Court in W.P.No.27601 of 2004 and W.P.Nos.17369 and 17370 of 2012, filed by similarly placed persons. Hence, this writ petition.
per the Tamil Nadu Forest Subordinate Service Rules, the post of Mali is included in the feeder category for promotion to the post of Forest Guard and
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it is also exempted from the qualification fixed for the post of Forest Guard.
Hence, he prayed for the petitioners' appointment to the post of Forest Guard.
5. The learned Government Advocate appearing for the respondents has filed counter affidavit and submitted that there is no exemption from the prescribed qualification for the post of Forest Guard among the holders of the post of Mali as claimed by the petitioners. He further submitted that Rule 5 of the Tamil Nadu Forest Subordinate Service Rules among other things, prescribes the physical qualification with respect to the promotion of Forest Guard from the post of Mali. As per G.O.(Ms)No.76, Environment and Forests Department dated 10.07.2014, the prescribed physical qualification for promotion to the post of Forest Guard from the Post of Mali is that “must possess the physical qualifications prescribed for direct recruitment to the category of Forest Watchers”. As per Rule 5 of the Tamil Nadu Forest Subordinate Service Rules, the physical qualifications for direct recruitment to the category of Forest Watchers are extracted hereunder:
“i. Must be not less than 163 cm height
ii. Must be not less than 79 cm round the chest on full expiration
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iii. Must have a Chest expansion of not less than 5 cm on full inspiration provided that the qualification regarding the height prescribed above shall not be required in respect of candidates belonging to the jungle tribes specified in the Annexure.
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W.P.No.4688 of 2022
05.12.2024
mac
Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No
To
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VIVEK KUMAR SINGH, J.
mac
W.P.No.4688 of 2022 and W.M.P.No.4808 and 4809 of 2022
05.12.2024
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1 issue framed by the court
Whether petitioners appointed as Mali are eligible for promotion to the post of Forest Guard despite failing to meet the prescribed minimum height qualification under the Tamil Nadu Forest Subordinate
R. Nehru
K. Palaniyappan
The State of Tamil Nadu
The Principal Chief Conservator of Forest
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
