Madras High Court
The Government Of Tamil Nadu vs C. Radhakrishnan on 8 July, 2021
W.A. No.181 of 2018 and
C.M.P. No.1241 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.181 of 2018 and
C.M.P. No.1241 of 2018
1.The Government of Tamil Nadu,
Rep. by its Secretary,
Environment and Forest Department,
Fort St. George, Chennai – 600 009.
2.The Principal Chief Conservator of Forests,
Having Office at Panagal Maaligai,
Saidapet, Chennai - 600 015.
3.The District Forest Officer,
Ariyalur Forest Division,
Ariyalur District.
4.The Accountant General of Tamil Nadu,
Office at DMS Compound,
Teynampet,
Chennai – 18. ... Appellants
vs
C. Radhakrishnan ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
praying to set aside the order passed in W.P.No.19243 of 2015 dated
01.07.2015.
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.181 of 2018 and
C.M.P. No.1241 of 2018
****
For Appellants : Mr.R.Neelakandan
State Government Counsel
For Respondent : Mr.S.Mani
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the Writ Court
dated 01.07.2015 made in W.P.No.19243 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 appellant/Forest department on
01.08.1981 and his services were regularised on 21.10.2003 and he
retired on 31.08.2013. 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.19243 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
https://www.mhc.tn.gov.in/judis/
W.A. No.181 of 2018 and
C.M.P. No.1241 of 2018
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 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.22
Environment and Forests (FR-2) Department, dated 30.05.2016. 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.]
08.07.2021
(1/2)
Index : Yes/No
Internet : Yes/No
rsi
https://www.mhc.tn.gov.in/judis/
W.A. No.181 of 2018 and
C.M.P. No.1241 of 2018
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
W.A. No.181 of 2018
and
C.M.P. No.1241 of 2018
08.07.2021
(1/2)
https://www.mhc.tn.gov.in/judis/
