A RAGHUNATHAN Vs. E STATE OF TAMIL NADU

JUDGEMENT

(1.) W.P.Nos.22808 and 22810 of 2010 were filed by the persons who were employed as Plot Watchers/Social Forestry Workers in Thiruvarur Range, Mannarkudi Range, Thanjavur Range, Pattukottai Range and Kumbakonam Range respectively. In the first writ petition (W.P.No.22808/2010), there were 22 petitioners and in the second writ petition (W.P.No.22810/2010), there were 21 petitioners. In both the writ petitions, they have sought for a direction to the respondents to set aside G.O.(Ms).No.75 Environment and Forests Department dated 03.06.2010 and the order of the District Forest Officer dated 30.09.2010 in the first writ petition and 25.09.2010 in the second writ petition and after setting aside the same seeks for a direction to reinstate the petitioners in service with all monetary benefits.

(2.) IN both the writ petitions, the learned Government Advocate (Forest) was directed to take notice and an interim stay was granted on 05.10.2010 for a limited period. Subsequently, the interim stay was extended on 15.11.2010, 02.12.2010, 04.01.2011, 18.02.2011 and thereafter, there was no further extension beyond 25.02.2011. Aggrieved by the same, vacate stay application was filed by the State Government in M.P.No.1 of 2011 in both the writ petitions together with supporting counter affidavit dated 12.01.2011 by the District Forest Officer, Tiruvarur and 13.01.2011 by the District Forest Officer Thanjavur respectively. A regular counter affidavit dated 01.03.2011 was also filed by the respondents.

(3.) THE facts leading to the filing of the writ petitions were as follows:- In G.O.Ms.No.75 Environment and Forest Department, dated 03.06.2010, 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 (SIDA), 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.