Madras High Court
The State Of Tamil Nadu vs P.Sivalingam on 1 July, 2021
W.A. No.1410 of 2021 and
C.M.P. No.8710 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.1410 of 2021 and
C.M.P. No.8710 of 2021
1.The State of Tamil Nadu
Represented by its Secretary to Government
Environment and Forest Department
Fort St. George, Chennai - 600 009
2.The Principal Chief Conservator of Forests
Panagal Building
Saidapet, Chennai - 600 015
3.The Assistant Conservator of Forests
Industrial Wood Research Division
Mukkombu, Trichy
4.The Principal Accountant General of Tamil Nadu
Teynampet, Chennai - 600 018 ... Appellants
vs
P.Sivalingam ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 23.08.2016 made in W.P. No.29292 of 2016.
****
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.1410 of 2021 and
C.M.P. No.8710 of 2021
For Petitioner : Mr.R.Neelakandan
State Government Counsel
For Respondent : Ms.K.Jenitha
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
dated 23.08.2016 made in W.P. No.29292 of 2016. The appellants
herein are the respondents before the writ court and the respondent
herein is the writ petitioner.
2. The respondent herein was appointed as a temporary plot
watcher in Forest department on 01.09.1979 and his services were
regularised on 10.04.2009 and he retired on 31.07.2016. As his
services were regularised nearly after 30 years, he prayed for
counting of 50% of the temporary services rendered by him along with
his remaining service for the purpose of calculating pension and retiral
benefits by filing a writ of mandamus in W.P. No.29292 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 referred writ appeal in a time bound
manner. It is also to be noted that the said issue of counting 50% of
https://www.mhc.tn.gov.in/judis/
W.A. No.1410 of 2021 and
C.M.P. No.8710 of 2021
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
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.1410 of 2021 and
C.M.P. No.8710 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1410 of 2021 and
C.M.P. No.8710 of 2021
01.07.2021
https://www.mhc.tn.gov.in/judis/
