IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 13/04/2006
Coram
The Hon'ble Mr.Justice N.PAUL VASANTHAKUMAR
Writ Petition No.31941 of 2005
P. Ganapathy ... Petitioner
-Vs-
1. The Commissioner
and Secretary,
Department of Forest,
Government of Tamil Nadu,
Secretariat,
Chennai 9.
2. The Principal Conservator of Forest,
Department of Forest,
Panagal Buildings,
Saidapet,
Chennai 15.
3. The Conservator of Forest,
Vellore Circle,
Krishna Nagar,
Vellore 1.
4. The District Forest Officer,
Vellore 6. ... Respondents
This writ petition came to be numbered by way of transfer of
O.A.No.5168 of 1998 from the file of Tamil Nadu Administrative Tribunal with a
prayer to call for the records relating to letter No.Na.Ka.5751/97 /P2, dated
13.8.1997 passed by District Forest Officer, Vellore and quash the same and to
direct the respondents to absorb the petitioner as Forest Guard Watcher on par
with his juniors with effect from 1.7.1991 and to pay the arrears of
difference in salary.
!For Petitioner : Mr.M.Hidayathullakhan
For Respondents : Mr.R.Lakshminarayan,
Government Advocate
:O R D E R
In this writ petition, petitioner seeks to quash the order of the
District Forest Officer, Vellore, dated 13.8.1997 and regularise petitioner’s
service as Forest Guard Watcher from 1.7.1991, the date on which petitioner’s
junior was given appointment as Forest Guard Watcher.
2. The brief facts of the case as could be seen from the
affidavit are as follows.
(a) Petitioner joined the services of the Forest Department as
Plot Watcher and initially he was paid salary of Rs.75/- per month, which was
later on increased to Rs.210/-, Rs.225/-, Rs.240/-, Rs.275/-, Rs.350/-,
Rs.425/-, Rs.485/- and subsequen 1.4.1997 he was paid Rs.803/- per month.
Petitioner states that he is a Scheduled Caste candidate and having height of
163.5 cms. and weight of 48 Kgs.
(b) Petitioner states that he was called for an interview on
6.7.199 1 for selection to the post of Forest Guard Watcher and he attended
the same, but he was not selected on the ground that his height was only 161
Cms. and his chest measurement was only 78-80 Cms, as against the required
height of 163 Cms with chest measurement of 78-83 Cms. The reason for
non-selection is stated in the impugned order of the District Forest Officer,
Vellore, dated 13.8.1997.
(c) According to the petitioner, his juniors viz., Ganesan, S/o.
Subramania Gounder, Kanavamettur, Ambur Range; Manoharan, S/o. Govindaraj,
Devikuppam, Hosur Range; Ramu, S/o.Krishnan, Kamalapuram, Odukathur Range; and
Janakiraman, S/o.Akilanda Gounder, Erumpuli Village, Vellore Range, were
absorbed as Forest Guard Watcher and they were paid salary of Rs.2,700/-,
whereas petitioner was not appointed nor absorbed as Forest Guard Watcher on
the above said two reasons viz., not having the height of 163 Cms and chest
measurement of 78-83 Cms.
(d) The grievance of the petitioner is that in spite of he having
the required height of 163 Cms and chest measurement of 78-85 as certified by
the Medical Officer, he was erroneously rejected for selection on the above
alleged grounds.
3. The respondents have been served as early as in the year 1998
and till date no counter affidavit was filed.
4. The learned counsel appearing for the petitioner produced the
selection order of the Forest Officer, Attur in his proceedings No.E2/22 /2003
dated 5.3.2005, wherein the petitioner was given appointment as Forest Guard
Watcher with State seniority No.767 and he was given posting at Vazhapadi
Range. The learned counsel for the petitioner submitted that the respondents
themselves measured the petitioner’s height during selection in the year 2003
as 163 Cms. and the chest measurement as 78-83 Cms. and contended that
during selection held in 1991 petitioner was aged 39 years and at that time,
there was no basis to measure the petitioner’s height as 161 Cms instead of
163 Cms so also his chest measurement as 78-80 Cms instead of 78-83 Cms.
5. I have also heard the learned Government Advocate appearing
for the respondents.
6. The selection of the petitioner in the year 2003 itself
establishes the fact that the petitioner is having the required height and
chest measurement of 163 Cms and 78-83 Cms respectively, even during 199 1.
It is common knowledge that the height of a person will not increase after 39
years of age, so also the chest measurement after a particular age. Hence the
measurements of the petitioner’s height and chest taken by the respondents in
the year 1991 are presumed to be erroneous, based on which he was denied
selection for the post of Forest Guard Watcher, whereas his juniors were given
appointments with the time scale of pay. The grievance of the petitioner is
well founded and the respondents are not justified in denying selection of the
petitioner, from the date of his juniors’ selection, on a totally wrong
assumption of height and chest measurements.
7. The respondents having selected the petitioner after
convincing about his height and chest measurements in the year 2003, he is
entitled to get selection on the basis of the very same height and chest
measurements even from the year 1991 i.e, from the date of his juniors
selection and appointment as Forest Guard Watcher.
8. In view of the above findings, petitioner is entitled to
succeed and the impugned order is liable to be set aside and accordingly set
aside. Respondents are directed to regularise the petitioner’s service as
Forest Guard Watcher with effect from 1.7.1991 with all attendant benefits and
pay him all monetary benefits on par with his immediate junior. The arrears
of pay shall be calculated and paid within a period of six weeks from the date
of receipt of copy of this order.
The writ petition is allowed in the above terms. No costs.
To
1. The Commissioner and Secretary, Department of Forest,
Government of Tamil Nadu, Secretariat, Chennai 9.
2. The Principal Conservator of Forest, Department of Forest,
Panagal Buildings, Saidapet, Chennai 15.
3. The Conservator of Forest, Vellore Circle,
Krishna Nagar, Vellore 1.
4. The District Forest Officer, Vellore 6.