Madras High Court
P.Ganesan vs The State Of Tamil Nadu on 18 January, 2021
W.P.No.835 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.01.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.835 of 2021
P.Ganesan ... Petitioner
-vs-
1. The State of Tamil Nadu
Rep. by its Principal Secretary,
Environment and Forest (FR2) Department,
Secretariat, Fort St.George,
Chennai-600 009.
2. The Principal Chief Conservator of Forests,
No.15, Jeenis Road,
Panagal Building, Saidapet,
Chennai-600 015.
3. The District Forest Officer,
Namakkal District,
Namakkal.
4. The Accountant General of Tamil Nadu,
Office of the Accountant General,
Office at Teynampet,
Chennai-600 018. ... Respondents
Prayer: Petition is filed under Article 226 of Constitution of India to issue a Writ
of Mandamus, directing the respondents 1 to 3 to count half of the service
rendered by the petitioner as Plot/Forest Watcher from 01.04.1982 till
31.08.2003 along with regular service rendered by him as Forest Watcher from
27.09.2003 till 31.07.2017 as qualifying service for the purpose of conferment
and grant of pension to him in the light of the order passed in W.P.No.8206 of
2011 dated 19.04.2011 with all consequential monetary and service benefits by
considering his representation dated 26.10.2020.
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.835 of 2021
For Petitioner : Mr.A.Thiyagarajan
For R1 to R3 : Mr.S.Prabhu
Addl. Govt. Pleader
For R4 : Mr.V.Vijayshankar
*****
ORDER
The petitioner has filed this writ petition seeking a direction to the
respondents 1 to 3 to count half of the service rendered by the petitioner as
Plot/Forest Watcher from 01.04.1982 till 31.08.2003 along with regular service
rendered by him as Forest Watcher from 27.09.2003 till 31.07.2017 as qualifying
service for the purpose of conferment and grant of pension to him in the light of
the order passed in W.P.No.8206 of 2011 dated 19.04.2011 with all
consequential monetary and service benefits by considering his representation
dated 26.10.2020.
2. Mr.S.Prabhu, learned Additional Government Pleader takes notice
for R1 to R3 and Mr.V.Vijayshankar, learned counsel for R4. By consent on either
side, the Writ Petition itself is taken up for final disposal at the admission stage
itself.
3. According to the petitioner, he worked as Plot/Forest Watcher on
daily wage basis from 01.04.1982 till 31.08.2003 without any break in service on
payment of monthly salary and he was absorbed into regular service as Forest
Watcher with effect from 27.09.2003 in the time sale of pay of 2610-60-3150-65-
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W.P.No.835 of 2021
3540. It is the case of the petitioner that though he attained the age of
superannuation on 31.07.2017, he has not been paid any pensionary benefits so
far. It is further case of the petitioner that as per Rule 11(2) of the Tamil Nadu
Pension Rules, 1978 and in the light of the judgment of this Court in
W.P.No.8206 of 2011, which has been confirmed by the Hon'ble Division Bench
of this Court in W.A.No.2728 of 2012 as well as Apex Court in SLP (C) Nos.14838
& 14839 of 2012 and 16119 & 16120 of 2012, 50% of the service of the petitioner
from 01.04.1982 to 26.09.2003 has to be counted as qualifying service for his
pension and the said order was implemented by the Government by issuing
G.O.Ms.No.183 Environment and Forest Department dated 18.07.2012. In this
regard, the petitioner made a representation dated 26.10.2020 to the 3rd
respondent for consideration of his case favourably. Since the said
representation did not evoke any response, he is before this Court.
4. Considering the facts and circumstances of the case and taking into
account the fact that the petitioner's representation is already pending with the
respondents, the Writ Petition is disposed of with the following directions:
i) A direction is issued to the 1st respondent herein to consider the
representation preferred by the petitioner dated 26.10.2020, if not already
disposed of, and pass appropriate orders thereon, in accordance with law, after
affording an opportunity of hearing to the petitioner and other persons, if any,
who are likely to be affected, as expeditiously as possible, preferably within a
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W.P.No.835 of 2021
period of three months from the date of receipt of a copy of this order, in the
light of G.O.Ms.No.183 Environment and Forest Department dated 18.07.2012, if
the same is applicable to the case of the petitioner;
ii) In case the petitioner is unable to appear for personal hearing, the
petitioner is entitled to send a written submission within a period of one month
from the date of receipt of a copy of this order through registered post or speed
post and the same shall be treated as personal hearing. It is made clear that the
petitioner can avail the opportunity of either personal hearing or filing written
submission and not both;
iii) In case the petitioner fails to appear or file a written submission
in time, the 1st respondent shall pass orders based on the available records and
the petitioner, cannot at a later point of time take a stand that opportunity of
being heard is not given to the petitioner;
iv) The petitioner shall furnish Mobile Number, email ID, if any, etc.,
along with a copy of the representation dated 05.01.2021 and this order, to the
1st respondent forthwith;
v) The 1st respondent is directed to communicate the decision taken
on the representation, to the petitioner within a period of three weeks from the
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W.P.No.835 of 2021
date of decision taken thereon, by way of SMS/Email/registered post/speed
post, so that there is no need for the petitioner to file contempt after expiry of
the specified period. In case the authorities concerned fail to send
communication to the petitioner, they will have to face the civil imprisonment
in case of contempt proceedings. If they are unable to serve the order and the
cover being returned un-served for one reason or the other, the same shall be
kept in the file without opening it for the proof of delivery, so that the
petitioner, later on, will not take a plea that the petitioner is not aware of the
order. No costs.
18.01.2021
Index: Yes / No
Speaking order: Yes / No
ar
To
1. The Principal Secretary,
State of Tamil Nadu
Environment and Forest (FR2) Department,
Secretariat, Fort St.George,
Chennai-600 009.
2. The Principal Chief Conservator of Forests,
No.15, Jeenis Road,
Panagal Building, Saidapet,
Chennai-600 015.
3. The District Forest Officer,
Namakkal District,
Namakkal.
4. The Accountant General of Tamil Nadu,
Office of the Accountant General,
Office at Teynampet,
Chennai-600 018.
https://www.mhc.tn.gov.in/judis/
W.P.No.835 of 2021
S.VAIDYANATHAN, J.
ar
W.P.No.835 of 2021
18.01.2021
https://www.mhc.tn.gov.in/judis/
