The Government Of Tamil Nadu vs P.Mani
2021 Latest Caselaw 13368 Mad

                                                                       W.A. No.127 of 2017 and
                                                                        C.M.P. No.2114 of 2017

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 06.07.2021

                                                     CORAM

                        THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
                                                       and
                              THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY


                                               W.A. No.127 of 2017
                                                        and
                                              C.M.P. No.2114 of 2017

                   1.The Government of Tamil Nadu,
                     Represented by its Secretary,
                     Environment and Forest Department,
                     Secretariat, 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
                     at Polur.

                   4.The Accountant General of Tamil Nadu,
                     Office at DMS Compound,
                     Teynampet,
                     Chennai – 600 018.                                   ... Appellants

                                                        vs

                   P.Mani                                                 ... Respondent
                                                      ****
                   Prayer: Writ Appeal filed under clause 15 of the Letters Patent
                   praying to set aside the order passed in W.P.No.31768 of 2016 dated
                   14.09.2016.
                                                      ****

https://www.mhc.tn.gov.in/judis/
                   Page No.1 of 4
                                                                       W.A. No.127 of 2017 and
                                                                        C.M.P. No.2114 of 2017



                                    For Appellants   :   Mr.R.Neelagandan
                                                         State Government Counsel


                                                     JUDGMENT

(delivered by PUSHPA SATHYANARAYANA, J.)

Challenge in this writ appeal is to the order of the Writ Court

dated 14.09.2016 made in W.P.No.31768 of 2016. 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 appellant/Forest department on

02.07.1984 and his services were regularised on 07.08.2009 and he

retired on 30.11.2015. As his services were regularised after 25 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.31768 of 2016. The said writ petition was allowed, 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 noted

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

W.A. No.127 of 2017 and C.M.P. No.2114 of 2017

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 State Government Counsel representing

the appellants would state that the order passed by the learned single

Judge was implemented and given effect vide G.O.(3D)No.17

Environment and Forests (FR.2-(II)) Department, dated 26.04.2017.

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.]
                                                                                 06.07.2021
                                                                                     (2/2)
                   Index                 : Yes/No
                   Internet              : Yes/No
                   rsi

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

W.A. No.127 of 2017 and C.M.P. No.2114 of 2017

PUSHPA SATHYANARAYANA, J.

and KRISHNAN RAMASAMY, J.

rsi

W.A. No.127 of 2017 and C.M.P. No.2114 of 2017

06.07.2021 (2/2)

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