Madras High Court
Government Of Tamil Nadu vs S.Nagulasamy on 2 July, 2021
W.A. Nos.380 of 2014 and
M.P. No.1 of 2014
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.380 of 2014
and M.P. No.1/2014
1.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
No.1, Neenis Road
Panagal Building, Saidapet
Chennai - 600 015
3.The District Forest Officer
Interfaced Forest Division
Krishnagiri, Krishnagiri District
4.The District Forest Officer
Mettur Soil Conservation Scheme
Dharmapuri - 5, Dharmapuri District.
5.The Accountant General of Tamil Nadu
Office of the Accountant General
Office at Teynampet, Chennai - 18 ... Appellants
vs
S.Nagulasamy ... Respondent
****
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. Nos.380 of 2014 and
M.P. No.1 of 2014
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 17.01.2014 made in W.P. No.33913 of 2013.
****
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 17.01.2014 made in W.P. No.33913 of 2013. 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 01.06.1986 and his services were regularised on
07.08.2009 and he retired on 31.05.2010. As his services were
regularised after 23 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.33913 of 2013. The said writ petition
was allowed, based on the judgment passed in W.A. Nos.27 and 28 of
https://www.mhc.tn.gov.in/judis/
W.A. Nos.380 of 2014 and
M.P. No.1 of 2014
2012 dated 11.11.2013. 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 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.380 of 2014 and
M.P. No.1 of 2014
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.380 of 2014 and
M.P. No.1 of 2014
02.07.2021
https://www.mhc.tn.gov.in/judis/
