The State of Tamil Nadu Vs M Ramarajan

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WA No. 3224 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-11-2025

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CORAM

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THE HON'BLE MR JUSTICE R. SURESH KUMAR

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AND

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THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

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W.A No. 3224 of 2025 AND CMP NO. 26338 OF 2025

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1.The State Of Tamil Nadu Rep By The Principal Secretary To Government, Environment, Climate Change And Forests Department, Fort St. George, Secretariat, Chennai-600 009.

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2.The Principal Chief Conservator Of Forests Head Of Forest Force, Guindy-Velacherry Main Road, Guindy, Chennai-600 032.

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3.The Conservator Of Forests Dharmapuri Forest Circle, Dharmapuri-5, Dharmapuri District.

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4.The District Forest Officer Dharmapuri Forest Division, Dharmapuri-5, Dharmapuri District.

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..Appellants

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Vs

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M Ramarajan Driver, Palacode Forest Range, Dharmapuri Forest Diviion, Dharmapuri District.

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..Respondent

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Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 08.01.2025 made in WP.No.32818 of 2024 .

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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WA No. 3224 of 2025

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For Appellants : Mr.P.Ananda Kumar Government Advocate For Respondent : Mr.M.R.Jothimanian

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Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.)

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This intra Court appeal has been directed against the order passed by the Writ Court dated 08.01.2025 made in W.P.No.32818 of 2024.

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The respondent was the writ petitioner, who was engaged as a driver at the fourth appellant's office with effect from 01.09.2013. After serving for more than 10 years, when he sought for regularization, that was turned down by the orders passed by the appellant Department, which was under challenge before the Writ Court. The learned Writ Court allowed the writ petition on the ground that similarly placed persons, of course pursuant to the order passed by the Division Bench of this Court in W.A.Nos.1842 to 1844 of 2018 vide common order dated 10.01.2019, as further confirmed by the Hon'ble Supreme Court, had been regularized by issuing G.O.Ms.No.8, Environment and Fores (FR-2-II) Department dated 22.01.2021. Following the said judgment, the learned Judge in fact allowed the writ petition through the impugned order.

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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WA No. 3224 of 2025

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1. Though as against the said order the present writ appeal has been filed,

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in the meanwhile the Principal Chief Conservator of Forests, who is the second appellant herein has made a recommendation to the first appellant ie., the Government to seek permission of the Government to regularize the services of the respondent writ petitioner from 01.01.2014 by relaxing rule 2(a) and 4 of the Special Rules for Tamil Nadu Forest Subordinate Rules.

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This of the request made by the second appellant having been considered was accepted by the Government and a Government Order (2D) No.194 dated 04.11.2025 was issued, where inter alia the following has been stated:

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" 5. After careful examination, the Government accept the request of the Principal Chief Conservator of Forests (Head of Forest Force) and hereby accord permission to the Principal Chief Conservator of Forests (Head of Forest Force) to regularize the services of Thiru.M.Ramarasan as Driver from 01.01.2014 by relaxing rule 2(a) and 4 of the Special Rules for Tamil Nadu Forest Subordinate Services, regarding the method of appointment and age required for appointment to the post of Driver, subject to the outcome of the writ appeal filed or any other legal proceedings."

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Though the said Government Order was issued regularizing the services of the respondent writ petitioner, the learned Government Advocate appearing for the appellants would submit that the said Government Order was issued only subject to the outcome of the present appeal, this Court feels that as the plea of

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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WA No. 3224 of 2025

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similar persons like the respondent / writ petitioner was considered, where regularization has been given pursuant to the orders passed by the Writ Court which was also confirmed by the Division Bench in a batch of writ appeals as stated supra and the same also has been confirmed by the Hon'ble Supreme Court by dismissing the Special Leave Petition in this regard filed by the employer, the same yardstick since has to be adopted in the present case also, passing of the present Government Order in G..O.(2D) No.194, Environment, Climate Change and Forests(FR.2(i) Department dated 04.11.2025 is strictly in consonance with the said parameters, there is no further scope for the appellants to re-agitate the issue after having issued the said Government Order.

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