Madras High Court
The Government Of Tamil Nadu vs N.Ganesan on 18 August, 2021
W.A.No.368 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.368 of 2014
and
M.P.Nos.1 & 2 of 2014
1.The Government of Tamil Nadu,
Rep. by Secretary to Government,
Forest and Environment Department,
Fort St. George,
Chennai – 600 009.
2.The Principal Chief Conservator of Forests,
Panagal Building,
Saidapet, Chennai - 600 015.
3.The District Forest Officer,
Thiruvannamalai North Division,
Thiruvannamalai District.
4.The Accountant General of Tamil Nadu,
Office of the Accountant General,
Office at Teynampet,
Chennai – 18. ... Appellants
vs
N.Ganesan ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent praying
to set aside the order passed in W.P.No.26393 of 2013 dated
11.11.2013.
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https://www.mhc.tn.gov.in/judis/
W.A.No.368 of 2014
****
For Appellants : Mr.R.Neelakandan
State Government Counsel
For Respondent : Mr.S.Mani
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the Writ Court
dated 11.11.2013 made in W.P.No.26393 of 2013. The appellants
herein are the respondents before the writ court and the respondent
herein is the writ petitioner.
2. The respondent, who is the writ petitioner, was appointed
as a temporary Plot Watcher in the third appellant/Forest department
on 01.03.1982 and his services were regularised on 08.09.2004 and he
retired on 30.11.2014. As his services were regularised after 22 years,
he prayed for counting of 50% of the temporary services rendered by
him along with his remaining service for the purpose of calculating the
pension and retiral benefits by filing a writ of mandamus in
W.P.No.26393 of 2013. The said writ petition was disposed of, based on
the judgment passed in W.A. Nos.27 and 28 of 2012 dated 13.02.2012.
The appellants were directed to consider and dispose of petitioner's
https://www.mhc.tn.gov.in/judis/
W.A.No.368 of 2014
representation based on the orders passed in the above referred writ
appeal in a time bound manner. It is also to be noted that the said
issue of counting 50% of the temporary services rendered by a person
for computing the pensionary benefits is no longer res integra in view
of the recent judgment of the Full Bench of this court in the
Government of Tamil Nadu and Ors. vs. R. Kaliyamoorthy
reported in (2019) 6 CTC 705.
3. However the learned State Government Counsel
representing the appellants would state that the order passed by the
learned single Judge was implemented and given effect vide
G.O.Ms.No.43 Environment and Forests (FR-2) Department, dated
24.03.2015. The learned counsel appearing for the respondent/writ
petitioner also confirms that the order was implemented.
4. In view of the above, the Writ Appeal is dismissed. No
costs. Consequently, the connected miscellaneous petitions are closed.
[P.S.N., J.] [K.R., J.]
18.08.2021
(3/5)
Index : Yes/No
Internet : Yes/No
rsi
https://www.mhc.tn.gov.in/judis/
W.A.No.368 of 2014
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
W.A.No.368 of 2014
and
M.P.Nos.1 & 2 of 2014
18.08.2021
(3/5)
https://www.mhc.tn.gov.in/judis/
