The Government Of Tamil Nadu vs S. Krishnan
2021 Latest Caselaw 12924 Mad

                                                                              W.A.No.2639 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.2639 of 2018
                                              and CMP No.21444 of 2018

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

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

                     3. The District Forest Officer,
                        Villupuram Forestry Division,
                        Villupuram.

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

                                                           Vs.

                     S. Krishnan                                                  ... Respondent

                     Prayer: Writ Appeal filed under clause 15 of Letter Patents Act, filed praying
                     to set aside the final order dated 05.08.2016 in W.P.No.30286 of 2016 passed
                     by the learned Single Judge.



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https://www.mhc.tn.gov.in/judis/
                                                                                   W.A.No.2639 of 2018

                                     For Appellants       : Mr.R.Neelakandan
                                                            Government Counsel

                                     For Respondent       : Ms.K.Jenitha


                                                        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 Social Forestry Worker from

01.08.1985 to 12.07.2012 along with the regular service from 13.07.2012 till

the date of retirement on 31.07.2016 for the purpose of grant of pensionary

benefits, which was disposed of by this Court on 05.08.2016 in

W.P.Nos.30286 to 30288 of 2016, directing the authorities to implement the

same within a period of twelve 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

https://www.mhc.tn.gov.in/judis/ W.A.No.2639 of 2018

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

1978.

4. Admittedly, the respondent was regularised as early as 24.01.1995

i.e., prior to the cut-off date. 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 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

https://www.mhc.tn.gov.in/judis/ W.A.No.2639 of 2018

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

sr

W.A.No.2639 of 2018

01.07.2021.

https://www.mhc.tn.gov.in/judis/