Madras High Court
The State Of Tamil Nadu vs S.Ayyasamy on 26 April, 2021
W.A.(MD)No.986 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.986 of 2021
and
C.M.P.(MD).No.4477 of 2021
1. The State of Tamil Nadu,
Represented by its Secretary to Government,
Environment and Forest Department,
Fort St.George, Chennai-9.
2. The Principal Chief Conservator of Forest,
Pangal Building, Saidapet, Chennai-15.
3. The Forest Range Officer,
Social Forest Range, Sankarankovil,
Tenkasi District.
4. The Divisional Forest Officer,
Social Forestry Division and Extension Division,
Tirunelveli District. : Appellants
Vs.
1. S.Ayyasamy
1/6
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.986 of 2021
2.The Principal Accountant General of Tamil Nadu,
Teynampet, Chennai-18. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 30.04.2019 in W.P.(MD).No.11321 of
2019, on the file of this Court.
For Appellants : Mr.K.P.Krishnadoss
Special Government Pleader
For R-1 : Mr.N.Sudalaimuthu
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
With the consent on either side, this Writ Appeal is taken up for
final disposal.
2.Heard Mr.K.P.Krishnadoss, learned Special Government
Pleader appearing for the appellants and Mr.N.Sudalaimuthu, learned
Counsel appearing for the first respondent.
3.This appeal is directed against the order dated 30.04.2019 in
W.P.(MD).No.11321 of 2019.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.986 of 2021
4.The petitioner in the Writ Petition has sought for a Writ of
Mandamus, to direct the respondents to count half of his service before
his absorption on 07.08.2009 (from 01.04.1987 to 06.08.2009) along with
the regular service from 07.08.2009 to 31.05.2018, in the qualifying
service (Supernumery Plot Watcher) and sent the revised pension
proposal to the fifth respondent therein and for a further direction to the
fifth respondent to sanction the eligible pension, family pension and all
other terminal benefits.
5.We need not examine the merits of the instant case, on
account of the fact that the appellant department did not have an
opportunity to file a counter affidavit in the writ petition and the writ
petitions were allowed in the admission stage itself.
6.Learned Special Government Pleader appearing for the
Government would place reliance on the decision of the Hon'ble Division
Bench in W.A.(MD)No.158 of 2016 etc., batch dated 03.12.2019 and
submitted that the Government servants who were appointed before
01.04.2003 and absorbed in regular services after 01.04.2003, who were
under four categories namely 1) Non-Provisional service 2) Consolidated
pay 3) Honorarium 4) Daily Wages, will not be entitled for half of the
services counted for pension.
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W.A.(MD)No.986 of 2021
7.The learned Counsel for the respondent / writ petitioner
submitted that there are two other division bench judgments on the very
same issues which were relied on by the learned Writ Court.
8.In any event, the appellant department should be given an
opportunity to set down the facts in the form of a counter affidavit and it
is only thereafter, the writ Court would be justified in examining the case
of the respondent / writ petitioner. Thus, without expressing any opinion
on the applicability of the decision relied on by the learned Special
Government Pleader, and being satisfied that the appellant department
did not have sufficient opportunity to file counter affidavit in the writ
petition, as the writ petition was allowed in the admission stage, we are
inclined to interfere with the impugned order.
9.Accordingly, the Writ Appeal is allowed and the order in W.P.
(MD)No.11321 of 2019, is set aside and the writ petition is restored to
the learned Single Bench and the appellant department is directed to file
a counter affidavit along with all the supportive documents and the
judgments relied on.
10.Registry is directed to list the Writ Petition before the
appropriate bench on 14.07.2021, and thereafter be heard as per the
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W.A.(MD)No.986 of 2021
convenience of the Hon'ble Bench. However, there shall be no order as to
costs. Consequently, the connected miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
26.04.2021
Index : Yes / No
Internet : Yes / No
MR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
To
The Principal Accountant General of Tamil Nadu,
Teynampet,
Chennai-18.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.986 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.986 of 2021
26.04.2021
https://www.mhc.tn.gov.in/judis/
