WP No. 32365 of 2024 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 32365 of 2024 AND WMP Nos. 35146 to 35148 of 2024 AND WMP.No.9457 of 2025 1. V.Sivasankaran S/o. Vellaiyan Night Watch Man, Students Hostel, Forest Middle School Puliyur. Thiruvannamalai Forest Division Tiruvannamalai District. 2. K. Kali, D/o Kali Head Cook Students Hostel Forest Middle School Thiruvannamalai Forest Division. Tiruvannamalai District. 3. R. Uma Eswari W/o Ramalingam Assistant Cook Student Hostel, Forest Middle School Puliyur, Thiruvannamalai Forest Division Tiruvannamalai District. ..Petitioners Vs 1. The Government of Tamil Nadu Rep. by its Secretary Environment and Forest Department Fort St. George, Chennai 600 009. https://www.mhc.tn.gov.in/judis WP No. 32365 of 2024 __________ Page2 of 8 2. The Principal Chief Conservator of Forests Office of Principal Chief Conservator of Forests (Head of Forest Force), Forest Headquarters Building, Guindy-Velachery Main Road, Near Kannikapuram Check Post, Guindy, Chennai 600 032. 3. The District Forest Officer Tiruvannamalai Forest Division, Tiruvannamalai District. ..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to call for the records relating to the orders in directing 1st respondent vide Letter No.8235/Forest 3(i)/2022 -8, Dated 14.08.2024 and consequential proceedings of the 2nd respondent in Na.Ka.No.AS2/47233/2017 dated 27.08.2024 quash the same and consequential direction to the respondents to regularize the services of the petitioners with effect from dated of their appointment with all consequential service and monetary benefits and pass orders. For Petitioners: M/s.T.Dharani For Respondents: Mr.C.Selvaraj Additional Government Pleader for R1 to R3 ORDER The writ petition is filed for the following relief : “ To direct the 1st respondent vide Letter No.8235/Forest 3(i)/2022 -8, Dated 14.08.2024 and consequential proceedings of https://www.mhc.tn.gov.in/judis WP No. 32365 of 2024 __________ Page3 of 8 the 2nd respondent in Na.Ka.No.AS2/47233/2017 dated 27.08.2024 quash the same and consequential direction to the respondents to regularize the services of the petitioners with effect from dated of their appointment with all consequential service and monetary benefits” 2. The petitioners before this Court are working as Night Watchman, Cook and Assistant Cook in the Government Tribal Welfare Hostel attached to the Puliyur Middle School, Puliyur Village, Jawadhu Hills, Tiruvannamalai District. The 3rd respondent had accorded sanction on 20.07.2007 to run the hostel and accordingly, the Puliyur Middle School Hostel was functioning from 01.08.2007, under the control of the respondents. The sanction was accorded to have staff viz., one warden, one watchman, one cook and one additional cook for the functioning of the hostel and accordingly the petitioners were appointed on 17.08.2007 and 13.09.2007 in the said posts respectively. 3. The 3rd respondent vide his proceedings dated 09.09.2019 sent a proposal to the Additional Chief Conservator of Forests, Vellore, to regularise the services of the petitioners, who in turn had forwarded the proposal to the second respondent for the said purpose. There was a lull for a period of two years. Thereafter, the 3rd respondent vide his proceedings dated 27.10.2021 had again approached the Additional Chief Conservator of Forests, Vellore, https://www.mhc.tn.gov.in/judis WP No. 32365 of 2024 __________ Page4 of 8 highlighting the fact that 330 cooks working on daily wage basis in Adi Dravida Welfare Schools Hostels had been brought to the regular time scale of pay, on completion of their 10 years of their service and hence, the petitioners who are similarly placed, having completed 10 years of service, shall be considered for regularisation. That apart, the 3rd respondent also provided additional information to the 2nd respondent vide his proceedings dated 02.06.2022. The second respondent in turn had forwarded the proposal to the first respondent to regularise the service of the petitioners by relying on G.O.Ms.No.25 Adi Dravida and Tribal Welfare Department dated 25.02.2011 and also by citing that the petitioner's services were covered under the Class IV Category of Tamil Nadu Basic Service Rules. 4. Vide letter of the 1st respondent dated 14.08.2024 and the consequential proceedings of the 2nd respondent dated 27.8.2024, the claim of the petitioners were turned down. Challenging the same, the petitioners are before this Court. 5. The respondents have filed the counter along with a vacate stay petition in WMP.No.9457 of 2025, justifying the rejection by relying upon the provisions of G.O.(Ms) No.74 Personnel and Administrative Reforms (F) Department dated 27.06.2013, and contending that as per the aforesaid G.O., full time daily wage workers who had completed 10 years of service as on 01.01.2006 alone were taken into consideration, and the petitioners would not https://www.mhc.tn.gov.in/judis WP No. 32365 of 2024 __________ Page5 of 8 fall within the said criteria as their appointment was on 17.08.2007 and 13.09.2007, i.e., after 01.01.2006. Therefore, they sought for the dismissal of the writ petition, besides raising other defences. 6. Heard the rival submissions and also perused the materials placed before the Court. 7. The ground on which the request to regularise the services of the petitioner has been turned down, is set out as follows in the impugned order : “2/ ghh;it ,uz;oy ; fhdqk ; murhizapy ; 01/01/2006 tiu 10 Mz;Lfs ; jpdf;Typahf gzpg[hp[e;jth;fis gzp epue;juk ; bra;ayhk; vd;gjw;fhd tHptiffs ; bjhptpf;fg;gl;Ls;sJld;. 2006?Mk ; Mz;ow;F gpd;. gj;jhz;L gzp bra;J Koj;jpUe;jhYk;. (10 years service) gzp epue;juk; bra;a Miz tH';f ,ayhJ vdf; Fwpg;gplg;gl;Ls;sJ/ 3/ nkny gj;jp 1?y; Fwpg;gplg;gl;l K:d;W jpdf;Typ mog;gilapy; gzpg[hpe;J tUk ; K:d;W gzpahsh;fSk;. ghh;it ,uz;oy ; fhdqk; murhizapy ; bjhptpf;fg;gl;Ls;s epge;jidfis g{h;j;jp bra;ahjjhYk;. nkw;fhz; K:d;W gzpahsh;fis epue;juk; bra;a[k; bghUl;L. cjhuzkhf Rl;of;fhl;lg;gl;l ghh;it xd;wpy; fhdqk; murhiz. nkny gj;jp 2?y; bjhptpf;fg;gl;l murhiz btspaplg;gLtjw;F ,uz;L Mz;LfSf;F Kd;ng btspaplg;gl;Ls;sjhy;. jw;nghJ. tdj;Jiwapy ; jpdf;Typ mog;gilapy ; gzpg[hpe;J tUk ; 1) jpU/tp/rptr';fud;. ,ut[f;fhtyh ; 2) jpUkjp/nf/fhsp. jiyik rikayh;. 3) jpUkjp/Mh;/ckh<!;thp. rikayh; https://www.mhc.tn.gov.in/judis WP No. 32365 of 2024 __________ Page6 of 8 Mfpa K:d;W gzpahsh;fisa[k; nkw;go gzpapy. gzp epue;juk; bra;a tHptif ,y;iy vd;gjhy; j';fs; fUj;Jutpid Vw;f ,ayhJ vd;gijj; j';fSf;F bjhptpj;Jf; bfhs;sg; gzpf;fg;gl;Ls;nsd;/.” Therefore, it is very clear that the rejection is based on G.O.(Ms) No.74 Personnel and Administrative Reforms (F) Department dated 27.06.2013. A perusal of G.O.(Ms) No.74 would indicate that pursuant to G.O.Ms.No.22 Personal and Administrative Reforms (F) Department, dated 28.02.2006, orders had been issued directing the Departments of Secretariat to pursue action to regularise the services of daily wage employees working in all Government Departments who had rendered 10 years of service as on 01.01.2006 by appointing them into time scale of pay of the post. The G.O., clearly applies to persons who are daily wage earners. 8. In the considered view of this Court, the petitioners had been appointed in the sanctioned posts and have been put in over 10 years of service. Therefore, they are entitled to regularisation on their completing 10 years of service. The petitioners do not fall within G.O.Ms.No.74 which relates to persons who have not been appointed to sanctioned posts and have to be regularised against regular sanctioned vacancies. Therefore, the impugned order of the first respondent dated 14.08.2024 and the consequential proceedings of the second respondent dated 27.08.2024, which has been passed https://www.mhc.tn.gov.in/judis WP No. 32365 of 2024 __________ Page7 of 8 without understanding the language of the G.O.Ms.No.74, in its letter and spirit, cannot be sustained. 9. The writ petition is accordingly allowed and the aforementioned impugned order and consequential proceedings are hereby quashed. The respondents are directed to regularise the services of the petitioners in accordance with law, with all attendant and consequential service benefits including the monetary benefits. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 26-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS To: 1. The Secretary Government of Tamil Nadu Environment and Forest Department Fort St. George, Chennai 600 009. 2. The Principal Chief Conservator of Forests Office of Principal Chief Conservator of Forests (Head of Forest Force), Forest Headquarters Building, Guindy-Velachery Main Road, Near Kannikapuram Check Post, Guindy, Chennai 600 032. 3. The District Forest Officer Tiruvannamalai Forest Division, Tiruvannamalai District. https://www.mhc.tn.gov.in/judis WP No. 32365 of 2024 __________ Page8 of 8 P.T.ASHA J. DS WP No. 32365 of 2024 AND WMP Nos. 35146 to 35148 of 2024 AND WMP.No.9457 of 2025 26-03-2026 https://www.mhc.tn.gov.in/judis