The Government Of Tamil Nadu vs M.Vijayakumaran
2021 Latest Caselaw 13054 Mad

                                                                        W.A. No.1549 of 2021 and
                                                                          C.M.P. No.9744 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.1549 of 2021 and
                                              C.M.P. No.9744 of 2021

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

                   2.The Principal Chief Conservator of Forests,
                     Having Office at Panagal Maaligai,
                     Saidapet, Chennai - 600 015.

                   3.The District Forest Officer,
                     Vellore District.

                   4.The Accountant General of Tamil Nadu,
                     Office at DMS Compound,
                     Teynampet,
                     Chennai – 18.                                           ... Appellants

                                                        vs

                   M.Vijayakumaran                                           ... Respondent


                                                      ****
                   Prayer: Writ Appeal filed under clause 15 of the Letters Patent
                   praying to set aside the order passed in W.P. No.12223 of 2015 dated
                   16.06.2015.
                                                      ****

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                   Page No.1 of 4
                                                                       W.A. No.1549 of 2021 and
                                                                         C.M.P. No.9744 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

order dated 16.06.2015 made in W.P.No.12223 of 2015. 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 01.08.1981 and his services were regularised on

16.08.2005 and he retired on 31.05.2015. As his services were

regularised after 24 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.12223 of 2015. The said writ petition

was disposed of, 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 the above referred writ appeal in a time bound

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

W.A. No.1549 of 2021 and C.M.P. No.9744 of 2021

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

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.20

Environment and Forests (FR-2) Department dated 28.04.2016.

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.1549 of 2021 and C.M.P. No.9744 of 2021

PUSHPA SATHYANARAYANA, J.

and KRISHNAN RAMASAMY, J.

rsi

W.A. No.1549 of 2021 and C.M.P. No.9744 of 2021

02.07.2021

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