The Government Of Tamil Nadu vs M.Pakeer Mohammed
2021 Latest Caselaw 13063 Mad

                                                                        W.A. No.2296 of 2013 and
                                                                                M.P. No.1 of 2013

                                    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.2296 of 2013 and
                                                M.P. No.1 of 2013

                   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
                     Panagal Building, Saidapet
                     Chennai - 600 015

                   3.The District Forest Officer
                     Kallakurichi, Villupuram District

                   4.The Accountant General of T. Nadu
                     Office of the Accountant General
                     Teynampet, Chennai - 18                                 ... Appellants

                                                         vs

                   M.Pakeer Mohammed                                         ... Respondent


                                                      ****

                   Prayer: Writ Appeal filed under clause 15 of the Letters Patent

                   against the order dated 14.09.2012 made in W.P. No.24945 of 2012.

                                                      ****


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                   Page No.1 of 4
                                                                       W.A. No.2296 of 2013 and
                                                                               M.P. No.1 of 2013

                                    For Petitioner       :     Mr.C.Jayaprakash
                                                               Government Advocate

                                    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 14.09.2012 made in W.P. No.24945 of 2012. 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 01.02.1981 and his services were regularised on

11.09.2003 and he retired on 31.01.2011. 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.24945 of 2017. 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 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

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

W.A. No.2296 of 2013 and M.P. No.1 of 2013

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.37

Environment and Forests (FR-2) Department dated 18.03.2014. 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. No.2296 of 2013 and M.P. No.1 of 2013

PUSHPA SATHYANARAYANA, J.

and KRISHNAN RAMASAMY, J.

Asr

W.A. No.2296 of 2013 and M.P. No.1 of 2013

02.07.2021

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