Judgment :- (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.) 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 6.7.1991 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 1991. 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. 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.