Case Note & Summary
The State of Tamil Nadu, through its Additional Chief Secretary to the Environment, Climate Change and Forest Department and the Principal Chief Conservator of Forests, filed a Writ Appeal under Clause 15 of the Letters Patent against an order dated 21.08.2025 in W.P. No. 31529 of 2025. The respondents were A. Sekar, S. Jayavelu, and J. Kannan, who were originally appointed as daily wage Plot Watchers. Some daily wage Plot Watchers were regularised in the time scale of pay, and a batch of them approached the court, which directed regularisation in sanctioned posts. Due to inadequate posts, supernumerary posts were created to accommodate them, and they were subsequently promoted to Forest Watchers and retired. The respondents filed W.P. No. 40881 of 2016 seeking inclusion in the promotion panel for Forester for 2011-2012 without insisting on Vaigai Dam Training, which they had not undergone due to administrative reasons. The learned Single Judge disposed of the writ on 22.11.2016, directing notional promotion from the date their juniors were promoted. Subsequently, a batch of writ petitions was filed, and the Division Bench passed a common order on 17.04.2018. The State argued that the writ order unsettled seniority and promotions that had been settled by the Division Bench and confirmed by the Supreme Court. The Division Bench, however, found that the writ order did not unsettle settled seniority but merely implemented earlier directions. The appeal was dismissed, and the connected miscellaneous petition was closed.
Headnote
A) Service Law - Seniority and Promotion - Settled Seniority - The State appealed against a writ order directing inclusion of daily wage Plot Watchers in the promotion panel for Forester for 2011-2012, arguing it unsettled seniority and promotions confirmed by the Supreme Court. The Division Bench dismissed the appeal, holding that the writ order did not unsettle settled seniority but merely implemented earlier directions. (Paras 2-6)
B) Service Law - Regularisation - Daily Wage Employees - Daily wage Plot Watchers were regularised in supernumerary posts and later promoted to Forest Watcher. The Court noted that their services were regularised and they retired after attaining superannuation. (Paras 3-4)
C) Service Law - Promotion - Notional Promotion - The writ court directed notional promotion to Forester from the date juniors were promoted, as the employees were not sent for Vaigai Dam Training due to administrative reasons. The Division Bench upheld this direction. (Paras 4-6)
Issue of Consideration
Whether the writ court's order directing inclusion of daily wage Plot Watchers in the promotion panel for Forester for the year 2011-2012 unsettles the settled seniority and promotions made pursuant to earlier orders of the Division Bench and the Supreme Court.
Final Decision
The Writ Appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- Settled seniority cannot be reopened
- Notional promotion from date of junior's promotion
- Regularisation of daily wage employees
- Creation of supernumerary posts
- Interse seniority between direct recruits and promotees
Case Details
WA No. 959 of 2026 and CMP No. 9946 of 2026
S. M. Subramaniam, N. Senthilkumar
Dr.R.Gouri, Government Counsel for Appellant(s); Mrs,K.Jenitha for R1 to R3
The State Of Tamil Nadu Rep. By Its Additional Chief Secretary To Government, Environment, Climate Change and Forest Department, Fort St. George, Chennai – 600 009. and The Principal Chief Conservator of Forests and Head of Forest Force, Forest Headquarters, Velacherry Main Road, Guindy, Chennai-600 032.
A Sekar S/O.Arumugam, No.3, Kilakku Street, Kattipandi Village, Kelur Post, Polur Taluk, Tiruvannamalai Disrict. and S.Jayavelu S/O.Subban, No.178/A, Kurungi Street, Thanthi Periyar Nagar, No.7,Polur Road, Thiruvannamalai District. and J Kannan S/O.Janakiraman, No.781, Pillaiyar Kovil Street, Gandhi Nagar Village, Periyagaam Post, Polur Taluk, Thiruvannamalai District.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ Appeal against a Single Judge order directing inclusion of daily wage Plot Watchers in promotion panel for Forester.
Remedy Sought
The State sought to set aside the writ order dated 21.08.2025 in W.P. No. 31529 of 2025.
Filing Reason
The State contended that the writ order unsettled settled seniority and promotions made pursuant to earlier Division Bench and Supreme Court orders.
Previous Decisions
W.P. No. 40881 of 2016 was disposed on 22.11.2016 directing notional promotion. A Division Bench passed a common order on 17.04.2018. The Supreme Court confirmed the Division Bench order.
Issues
Whether the writ court's order unsettles settled seniority and promotions confirmed by the Supreme Court.
Submissions/Arguments
Appellant (State): The writ order unsettles settled seniority and promotions made pursuant to Division Bench and Supreme Court orders, causing prejudice to employees whose seniority was settled.
Respondents: The writ order only implements earlier directions and does not unsettle settled seniority.
Ratio Decidendi
The writ order directing inclusion of daily wage Plot Watchers in the promotion panel for Forester for 2011-2012 does not unsettle settled seniority and promotions that were confirmed by the Supreme Court; it merely implements earlier directions.
Judgment Excerpts
State preferred the present Writ Appeal mainly on the ground that settled seniority and promotion made in pursuance to the order of the Division Bench of this Court as confirmed by the Hon’ble Supreme Court is unsettled in the writ order impugned...
The respondent was appointed as Plot Watcher on daily wage basis...
The learned counsel for the respondent would mainly contend that the respondent along with other similarly placed employees filed W.P.No.40881 of 2016 seeking a relief to direct the Forest Department to include their names in the panel for promotion to the post of Forester for the year 2011-2012...
Procedural History
The respondents filed W.P. No. 40881 of 2016 which was disposed on 22.11.2016. A batch of writ petitions was filed and the Division Bench passed a common order on 17.04.2018. The State filed W.P. No. 31529 of 2025 which was disposed on 21.08.2025. The State then filed the present Writ Appeal on 01.06.2026.
Acts & Sections
- Letters Patent: Clause 15
