Madras High Court
The Government Of Tamil Nadu vs A.Chellamuthu on 2 July, 2021
W.A. No.1504 of 2021 and
C.M.P. No.9599 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.1504 of 2021 and
C.M.P. No.9599 of 2021
1.The Government of Tamil Nadu,
Rep. by its Secretary,
Environment and Forest Department,
Secretariat, Chennai – 600 009.
2.The Principal Chief Conservator of Forests,
Having Office at Panagal Maaligai,
Saidapet, Chennai - 600 015.
3.The District Forest Officer,
Kallakurichi Division,
Villupuram District.
4.The Accountant General of Tamil Nadu,
Office at DMS Compound,
Teynampet,
Chennai – 18. ... Appellants
vs
A.Chellamuthu ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
praying to set aside the order passed in W.P. No.25520 of 2014 dated
19.09.2014.
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W.A. No.1504 of 2021 and
C.M.P. No.9599 of 2021
****
For Appellants : Mr.R.Neelakandan
State Government Counsel
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the Writ Court
dated 19.09.2014 made in W.P.No.25520 of 2014. 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 01.11.1981 and his services were regularised on
05.07.2004 and he retired on 31.07.2014. As his services were
regularised after 22 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.25520 of 2014. The said writ petition
was allowed, based on the judgment passed in W.A. Nos.27 and 28 of
2012 dated 13.02.2012. 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.1504 of 2021 and
C.M.P. No.9599 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 State Government Counsel representing
the appellants would state that the order passed by the learned single
Judge was implemented and given effect vide G.O.(3D)No.22
Environment and Forests (FR-2) Department, dated 30.05.2016.
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.]
02.07.2021
Index : Yes/No
Internet : Yes/No
rsi
https://www.mhc.tn.gov.in/judis/
W.A. No.1504 of 2021 and
C.M.P. No.9599 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
W.A. No.1504 of 2021
and
C.M.P. No.9599 of 2021
02.07.2021
https://www.mhc.tn.gov.in/judis/
