Madras High Court
The Government Of Tamil Nadu vs R.Madhu on 2 July, 2021
W.A. Nos.1050 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.1050 of 2015 and
M.P. No.1 of 2015
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
Head of Forest Force
No.1, Jeenis Road
Panagal Building, Saidapet
Chennai - 600 015
3.The District Forest Officer/
Soil Conservation Officer
Mettur Soil Conservation Scheme
Dharmapuri - 5
4.The District Forest Officer/
Deputy Director
Sathyamangalam Tiger Reserve
Sathyamangalam Division
Erode District
5.The Accountant General of Tamil Nadu
Office of the Accountant General
Anna Salai, Teynampet,
Chennai - 18 ... Appellants
https://www.mhc.tn.gov.in/judis/
Page No.1 of 5
W.A. Nos.1050 of 2015 and
M.P. No.1 of 2015
vs
R.Madhu ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent against
the order dated 12.06.2015 made in W.P. No.7382 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 12.06.2015 made in W.P. No.7382 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 01.12.1980 and his services were regularised on 13.05.2003 and he
retired on 28.02.2015. 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
https://www.mhc.tn.gov.in/judis/
W.A. Nos.1050 of 2015 and
M.P. No.1 of 2015
pension and retiral benefits by filing a writ of mandamus in W.P. No.7382
of 2015. The said writ petition was disposed of, based on the judgment
passed in W.A. Nos.27 and 28 of 2012 dated 11.11.2013. The first
appellant was directed to count 50% of service rendered by the writ
petitioner before regularisation along with the service rendered after
regularisation for the purpose of pension and other terminal benefits in
the light of Rule 11(2) of the Tamil Nadu Pension Rules and the judgment
stated above and submit a proposal for the terminal benefits for
authorisation before the fifth respondent, 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.
https://www.mhc.tn.gov.in/judis/
W.A. Nos.1050 of 2015 and
M.P. No.1 of 2015
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.1050 of 2015 and
M.P. No.1 of 2015
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1050 of 2015 and
M.P. No.1 of 2015
02.07.2021
https://www.mhc.tn.gov.in/judis/
