The Government Of Tamil Nadu vs P. Muthu
2021 Latest Caselaw 12898 Mad

                                                                               W.A.No.1659 of 2018

                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 01.07.2021

                                                         CORAM

                            THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA
                                                  AND
                              THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY

                                                  W.A.No.1659 of 2018
                                               and CMP No.13359 of 2018

                      1.The Government of Tamil Nadu,
                        Rep by Secretary to Government,
                        Environment and Forest Department,
                        Fort.St. George, Chennai – 600 009.

                      2. The Principal Chief Conservator of Forests,
                         Panagal Maaligai, Saidapet,
                         Chennai – 600 015.

                      3. The Forest Extension Officer,
                         Forest Extension Division,
                         P.K.Agaram, Trichy District.

                      4. The Principal Accountant General of Tamil Nadu,
                         Teynampet, Chennai - 18                                    ... Appellants

                                                            Vs.

                      P. Muthu                                                     ... Respondent

                      Prayer: Writ Appeal filed under clause 15 of Letter Patents Act, filed praying
                      to set aside the final order dated 14.07.2015 in W.P.No.20420 of 2015 passed
                      by the learned Single Judge.



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                                                                                 W.A.No.1659 of 2018

                                    For Appellants       : Mr.R.Neelakandan
                                                           State Government Counsel

                                    For Respondent       : Mr.I.Kanna patel


                                                       JUDGMENT

(delivered by MRS.PUSHPA SATHYANARAYANA.J.,)

The writ petitioner has sought for a mandamus directing the respondents

to count half of the service rendered by him as Plot Watcher from 01.04.1980

to 31.07.2007 along with the regular service as Forest Watcher till the date of

retirement on 31.03.2015 for the purpose of grant of pensionary benefits, which

was disposed of by this Court on 14.07.2015 in W.P.Nos.20420 of 2015,

directing the authorities to implement the same within a period of eight weeks.

2. Aggrieved by the same, writ appeal has been preferred by the State.

3. The question in dispute is no longer res integra as already the Full

Bench of this Court in the case of Government of Tamil Nadu vs

R.Kaliyamoorthy reported in 2019 (6) CTC 705 has held that any person who

has been regularised before the cut-off date i.e., 01.04.2003, is entitled for

pension in view of Proviso to Rule 1(2) of the Tamil Nadu Pension Rules,

http://www.judis.nic.in W.A.No.1659 of 2018

1978.

4. Admittedly, the respondent was regularised as early as 07.08.2009. In

view of the Full Bench Decision of this Court reported in 2019 (6) CTC 705

(Government of Tamil Nadu vs R.Kaliyamoorthy, the order passed by the

learned Single Judge is confirmed.

5. It is pertinent to note that pursuant to the order of the learned Single

Judge, the Government in G.O.Ms.No.20 dated 28.04.2016 had implemented

the order passed by the learned Single Judge.

6. Therefore, nothing survives in this writ appeal. The writ appeal is

dismissed as infructuous. No costs. Consequently, connected miscellaneous

petition is closed.

(P.S.N.J.,) (K.R.J.,) 01.07.2021 sr

Index:yes/no

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PUSHPA SATHYANARAYANA.J., AND KRISHNAN RAMASAMY.J.,

sr

W.A.No.1659 of 2018

01.07.2021.

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