STATE OF TAMIL NADU Vs. M. KANNIYAPPAN

JUDGEMENT

(1.) The instant intra-Court appeal arises from the order dated 12.09.2014, whereby and whereunder, the Writ Court, while allowing the writ petition filed by the respondent herein, directed the respondent-State/appellants herein to consider the case of the writ petitioner/respondent herein for appointment as Forest Watcher with consequential benefits as granted to his junior in P.Subramani vs. The Principal Chief Conservator of Forest, Chennai 600 015 and 3 others (W.P. No.6327 of 2005).

(2.) The facts, in nutshell, are that the writ petitioner/respondent herein was initially appointed as Social Forestry Worker on daily wage basis on 01.04.1986. His name was also included in the State-wide seniority list as per G.O. Ms.No.64, Environment and Forest Department dated 08.03.1999 at Serial No.4704. The appellants herein decided to bring the Plot Watchers and Social Forestry Workers under the regular post of Forest Watcher and Mali and in that context, the writ petitioner/respondent herein was interviewed on 24.02.1993. Thereafter, again, he was called for interview on 14.04.1993. Though his height is 163 cms., it was recorded as 162 cms. A similarly placed employee, viz., P. Subramani filed a writ petition, being W.P. No.6327 of 2005, seeking a direction to the respondents to appoint him as Forest Watcher with effect from 07.09.2014, by relaxing the rules, as was done in the case of one Sivanesan, by G.O. (2D) No.56, Environment and Forest Department dated 06.09.2006. This Court, by order dated 04.12.2012, disposed of the said writ petition, as under:

(3.) The Writ Court, relying on the said decision, passed the following order: