Madras High Court
The State Of Tamil Nadu vs Mrs.V.Padma on 1 July, 2021
W.A. No.1814 of 2019 and
C.M.P. No.12308 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.1814 of 2019 and
C.M.P. No.12308 of 2019
1.The State of Tamil Nadu
Rep. by its Secretary
Environment and Forest Department
Chennai - 600 009
2.The Principal Chief Conservator of Forests
Panagal Maligai, Saidapet
Chennai - 600 015
3.The District Forest Officer
Hosur Division, Hosur
4.The Accountant General of Tamil Nadu
Office of Accountant General
Teynampet, Chennai - 18 ... Appellants
vs
Mrs.V.Padma ... Respondent
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Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 15.10.2015 made in W.P. No.33251 of 2015.
****
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.1814 of 2019 and
C.M.P. No.12308 of 2019
For Petitioner : Mr.R.Neelakandan
Government Pleader
For Respondent : Mr.P.Ganapathy
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
dated 19.09.2016 made in W.P. No.9529 of 2013. The appellants
herein are the respondents before the writ court and the respondent
herein is the writ petitioner.
2. The respondent herein/writ petitioner is the wife of one
Veerappan (deceased). Her husband was appointed as a temporary
plot watcher in the services of the third appellant department on
01.11.1984 and his services were regularised on 28.11.2011 and he
retired on 31.08.2013. As his services were regularised after 27 years,
she prayed for counting of 50% of the temporary services rendered by
her husband along with his remaining service for the purpose of
calculating pension and retiral benefits by filing a writ of mandamus in
W.P. No.33251 of 2015. The said writ petition was allowed, based on
the judgment passed in W.A. Nos.27 and 28 of 2012 dated
11.11.2013. The appellants were directed to consider and dispose of
petitioner's representation based on the orders passed in the above
https://www.mhc.tn.gov.in/judis/
W.A. No.1814 of 2019 and
C.M.P. No.12308 of 2019
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 Government of Tamil Nadu and Ors. vs. R.
Kaliyamoorthy reported in (2019) 6 CTC 705.
3. However the learned Government Pleader representing the
appellants would state that the order passed by the learned single
Judge was implemented and given effect in its letter and spirit. The
learned counsel appearing for the respondent/writ petitioner affirms
the statement of the learned Government Pleader.
4. In view of the above, the writ appeal is dismissed. No costs.
Consequently, the connected civil miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
01.07.2021
Asr
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
W.A. No.1814 of 2019 and
C.M.P. No.12308 of 2019
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1814 of 2019 and
C.M.P. No.12308 of 2019
01.07.2021
https://www.mhc.tn.gov.in/judis/
