Madras High Court
Government Of Tamil Nadu vs Jaya on 2 July, 2021
W.A. Nos.986 of 2015 and
M.P. No.1 of 2015
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.986 of 2015 and M.P. No.1 of 2015
1.Government of Tamil Nadu
Rep. by 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
Thiruvannamalai North Division
Thiruvannamalai District
4.The Accountant General of T. Nadu
Office at DMS Compound
Teynampet, Chennai - 18
5.Government of Tamil Nadu
Rep. by its Secretary
Finance Department, Secretariat
Chennai - 600 009 ... Appellants
vs
Jaya
w/o.Ramamoorthy ... Respondent
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 05.08.2014 made in W.P. No.19989 of 2014.
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. Nos.986 of 2015 and
M.P. No.1 of 2015
For Petitioner : Mr.R.Neelakandan
State Govt. Pleader
For Respondent : Mr.S.Mani
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
order dated 05.08.2014 made in W.P. No.19989 of 2014. The
appellants herein are the respondents before the writ court and the
respondent herein is the writ petitioner.
2. The respondent/writ petitioner is the wife of one
V.Ramamoorthy. Her husband was appointed as a temporary plot
watcher in the services of the third appellant department on
07.11.1982 and his services were regularised on 05.01.2006 and he
died in harness on 27.12.2008. As his services were regularised after
23 years, she prayed for counting of 50% of the temporary services
rendered by her husband 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.19989 of 2014. 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 count half of
the service rendered by her husband as plot watcher on daily basis
https://www.mhc.tn.gov.in/judis/
W.A. Nos.986 of 2015 and
M.P. No.1 of 2015
along with regular service rendered by him as the Forest Watcher from
05.01.2006 to 27.12.2008 as qualifying service for calculating
pensionary 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.22
Environment and Forests (FR-2) Department dated 20.05.2016. 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.]
02.07.2021
Asr
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
W.A. Nos.986 of 2015 and
M.P. No.1 of 2015
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.986 of 2015 and
M.P. No.1 of 2015
02.07.2021
https://www.mhc.tn.gov.in/judis/
