Madras High Court
The Government Of Tamil Nadu vs S.Panneerselvam on 1 July, 2021
W.A. No.196 of 2021 and
C.M.P. No.913 of 2021
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.196 of 2021 and
C.M.P. No.913 of 2021
1.The Government of Tamil Nadu
Represented by its Secretary
Environment and Forest Department
Secretariat, Chennai - 600 009
2.The Principal Chief Conservator of Forest
having office at Panagal Maaligai
Saidapet, Chennai - 600 015
3.The Assistant Conservator of Forests
Forest Protection Squad
Vellore - 4
4.The Accountant General of Tamil Nadu
Office at DMS Compound
Teynampet, Chennai - 600 018 ... Appellants
vs
S.Panneerselvam ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 28.09.2016 made in W.P. No.34055 of 2016.
****
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.196 of 2021 and
C.M.P. No.913 of 2021
For Petitioner : Mr.C.Jayaprakash
Government Advocate
For Respondent : No Appearance
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
order dated 28.09.2016 made in W.P. No.34055 of 20161. 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 services of the third appellant
department on 16.09.1982 and his services were regularised on
09.09.2005 and was promoted as Forest Guard in February, 2012 and
he retired on 30.04.2015. As his services were regularised after 23
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.34055 of 2016. 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
https://www.mhc.tn.gov.in/judis/
W.A. No.196 of 2021 and
C.M.P. No.913 of 2021
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 Government Pleader representing the
appellants would state that the order passed by the learned single
Judge was implemented and given effect vide G.O.(3D) No.26
Environment and Forests (FR.2-II) Department dated 21.06.2017. 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 civil miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
01.07.2021
Asr
Index : Yes/No
PUSHPA SATHYANARAYANA, J.
https://www.mhc.tn.gov.in/judis/
W.A. No.196 of 2021 and
C.M.P. No.913 of 2021
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.196 of 2021 and
C.M.P. No.913 of 2021
01.07.2021
https://www.mhc.tn.gov.in/judis/
