KALIYAPPAN AND ORS. Vs. THE STATE OF TAMIL NADU REP. BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT ENVIRONMENT AND FOREST DEPARTMENT, THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND THE CHIEF WILD LIFE WARDEN

JUDGEMENT

(1.) THE petitioners are working as Anti Poaching Watchers for several years in the Forest Department. They are considered to be the eyes and ears of the Department in the very remote wildlife sanctuaries and reserves and many of them are forced to work for below reasonable minimum wage (vide G.O. Ms. No. 28 Environment and Forests (FR -2) Department dated 01.02.2012). Like the petitioners, there are several Anti Poaching Watchers working in the Department in various places for several years. Anti Poaching Watchers played an important role in the implementation of various wildlife and other schemes as well as in day -to -day protection of forest and wildlife. Similarly, there are several other Plot Watchers working in the forest department who are employed for the purpose of plantation works and developing nurseries in the forest. They are known as plot watchers whereas, the petitioners and others who are working in the protection of wild life are known as Anti Poaching Watchers. Neither the post of Anti Poaching Watchers nor the post of Plot Watchers is governed by any service Rules. Various cadres in the Tamil Nadu Forest Department are governed by the Tamil Nadu Forest Subordinate Service Rules. All such Plot Watchers and Anti Poaching Watchers were all initially appointed on daily wages basis. There were representations from these groups of employees to bring them into the regular service as Forest Watchers.

(2.) THE Government considered the request of the Plot Watchers and issued G.O. Ms. No. 64 Environment and Forest (F. 2) Department dated 18.03.1999, thereby directing the respondents for preparation of seniority list of all those Plot Watchers working through out the State. It was further directed that based on the said seniority list, Plot Watchers shall be absorbed as Forest Watchers. For that purpose, even certain qualifications like educational qualification was relaxed by the Government. Accordingly, the seniority list of Plot Watchers was prepared. Thereafter, the Government issued G.O. Ms. No. 95 Environment Forest (F. 2) Department dated 07.08.2009, appointing 3058 Plot Watchers by creating supernumerary posts. As per the said Government Order, those who had completed 10 years of service as daily wages were all given the benefit of appointment as Plot Watchers as against the supernumerary posts created.

(3.) I have heard Mr. G. Sankaran, learned counsel for the petitioners and Mr. Hidayathullah Khan, learned Government Advocate appearing for the respondents and I have also perused the records carefully.