Madras High Court
Government Of Tamil Nadu vs K.Loganathan on 5 July, 2021
W.A. No.1489 of 2021 and
C.M.P. No.9535 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.1489 of 2021 and
C.M.P. No.9535 of 2021
1.Government of Tamil Nadu,
Rep. by its Secretary to Government,
Environment and Forest Department,
Secretariat, Chennai - 600 009.
2.The Principal Chief Conservator of Forests,
A head of Forest Force,
Chennai - 600 015.
3.The District Forest Officer,
Harur Division, Harur,
Dharmapuri District.
4.The Principal Accountant General (A & E),
Tamil Nadu,
Chennai – 600 018. ... Appellants
vs
K.Loganathan ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent to set
aside the order passed in W.P. No.15753 of 2015 dated 11.06.2015.
****
For Appellants : Mr.R.Neelakandan
State Government Counsel
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.1489 of 2021 and
C.M.P. No.9535 of 2021
For respondent : Mr.M.Ravi
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
dated 11.06.2015 made in W.P.No.15753 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 01.06.1982 and his services were regularised on
28.07.2005 and he retired on 31.03.2014. 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 pension and retiral benefits by filing a
writ of mandamus in W.P.No.15753 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 manner. It is also to be
https://www.mhc.tn.gov.in/judis/
W.A. No.1489 of 2021 and
C.M.P. No.9535 of 2021
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 Government of Tamil Nadu and Ors. vs. R.
Kaliyamoorthy reported in (2019) 6 CTC 705.
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 in its letter and spirit. The
learned counsel appearing for the respondent/writ petitioner affirms
the statement of the learned State Government Counsel.
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.]
05.07.2021
Index : Yes/No
Internet : Yes/No
rsi
https://www.mhc.tn.gov.in/judis/
W.A. No.1489 of 2021 and
C.M.P. No.9535 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
W.A. No.1489 of 2021 and
C.M.P. No.9535 of 2021
05.07.2021
https://www.mhc.tn.gov.in/judis/
