Madras High Court
The Government Of Tamil Nadu vs P. Periyasamy on 8 July, 2021
W.A. No.1791 of 2017 and
C.M.P. No.22591 of 2017
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.1791 of 2017
and
C.M.P. No. 22591 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 Conservator of Forest,
Forest Marabiyal Division,
Coimbatore – 641 043.
4.The Accountant General of Tamil Nadu,
Office at DMS Compound,
Teynampet,
Chennai – 600 018.
5.Government of Tamil Nadu,
Rep. by it Secretary,
Finance Department,
Secretariat, Chennai – 600 009. ... Appellants
vs
P. Periyasamy ... Respondent
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.1791 of 2017 and
C.M.P. No.22591 of 2017
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
praying to set aside the order passed in W.P.No.11991 of 2015 dated
24.04.2015.
****
For Appellants : Mr.C.Jayaprakash
Government Counsel
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the Writ Court
dated 24.04.2015 made in W.P.No.11991 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
04.11.1978 and his services were regularised on 28.05.2003 and he
retired on 31.03.2014. As his services were regularised after 24 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.11991 of 2015. The said writ petition was disposed of, based
https://www.mhc.tn.gov.in/judis/
W.A. No.1791 of 2017 and
C.M.P. No.22591 of 2017
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
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 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.
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
Index : Yes/No
Internet : Yes/No
rsi
https://www.mhc.tn.gov.in/judis/
W.A. No.1791 of 2017 and
C.M.P. No.22591 of 2017
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
W.A. No.1791 of 2017
and
C.M.P. No. 22591 of 2017
08.07.2021
https://www.mhc.tn.gov.in/judis/
