Madras High Court
The District Forest Officer vs M.Balaraman on 7 July, 2021
W.A. No.1790 of 2018 and
C.M.P. No.14518 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A. No.1790 of 2018 and
C.M.P. No.14518 of 2018
1.The District Forest Officer,
Thirupathur Division,
Vellore.
2.The Principal Chief Conservator of Forests,
Having Office at Panagal Maaligai,
Saidapet, Chennai - 600 015.
3.The Principal Secretary to Government,
Forest Department,
Secretariat, Chennai – 600 009.
4.The Accountant General of Tamil Nadu,
Office at DMS Compound,
Teynampet,
Chennai – 600 018. ... Appellants
vs
M.Balaraman ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
praying to set aside the order passed in W.P. No.24225 of 2014 dated
08.09.2014.
****
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.1790 of 2018 and
C.M.P. No.14518 of 2018
For Appellants : Mr.R.Neelagandan
State Government Counsel
For Respondent : Served – No appearance
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the Writ Court
dated 08.09.2014 made in W.P.No.24225 of 2014. The appellants
herein are the respondents before the writ court and the respondent
herein is the writ petitioner.
2. Though notice has been served on the respondent, none
appears on behalf of the respondent either in person or through
counsel.
3. The respondent, who is the writ petitioner, was appointed as
a temporary Plot Watcher in the appellant/Forest department in the
year 1980 and his services were regularised on 10.02.2014 and he
retired on 31.05.2014. As his services were regularised after 34 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
https://www.mhc.tn.gov.in/judis/
W.A. No.1790 of 2018 and
C.M.P. No.14518 of 2018
W.P.No.24225 of 2014. 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 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.
4. 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.5
Environment and Forests (FR2-II) Department, dated 12.01.2018.
5. In view of the above, the Writ Appeal is dismissed. No costs.
Consequently, the connected Civil Miscellaneous Petition is closed.
[P.S.N., J.] [S.K., J.]
07.07.2021
Index : Yes/No
Internet : Yes/No
rsi
https://www.mhc.tn.gov.in/judis/
W.A. No.1790 of 2018 and
C.M.P. No.14518 of 2018
PUSHPA SATHYANARAYANA, J.
and
S.KANNAMMAL, J.
rsi
W.A. No.1790 of 2018
and
C.M.P. No.14518 of 2018
07.07.2021
https://www.mhc.tn.gov.in/judis/
