V MANOHARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who was working as a Plot Watcher under the Rural Fuel Wood Range -II, Tiruapattur filed the writ petition, seeking for a direction to regularise his services in the post of Forest Watcher in terms of G.O.Ms.No.95 Environment and Forest Department, dated 07.08.2009.

(2.) BY the said Government Order, it was stated that Forest Watchers in the Forest Department were engaged on daily rated basis in Forest Nurseries. There were no Rules framed in respect of such appointments. Majority of the workers were not appointed through Employment Exchange and also did not have the Minimum General Educational Qualification (MGEQ). Mostly the unemployed youth in the neighbouring village were recruited for the said post. From the year 1981 to 1986, on the basis of the funding given by Swedish International Development Agency, the Forest Department was developing Social Forestry in an extent of 3,52,342 Hectares by conceiving two projects. The workers who were recruited for this project were recruited as "Social Forestry workers" and were also paid on daily wage basis. All these workers had Minimum General Educational Qualification and some of them had got Post Graduate Degrees. For a long time, these daily rated workers both Plot Watchers and Social Forestry Workers were demanding regular employment.

(3.) IN the meanwhile, the Chief Principal Conservator of Forest informed the State Government that out of the list of 5497 persons, 3058 workers are yet to be given regular employment. Out of that, he suggested that 1743 workers who were having the height of 163 cms and above can be appointed as Forester and those who are below 163 cms in height comprising of 1315 workers can be appointed as Malis, Office Assistant and therefore, in respect of those 3058 posts, supernumerary posts can be created and all of them can be made as permanent.