Madras High Court
The Government Of Tamil Nadu vs P.K.Sekar on 13 July, 2021
W.A. No.2675 of 2019 and
C.M.P. No.17258 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.2675 of 2019 and
C.M.P. No.17258 of 2019
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
Vellore at Vellore
4.The Accountant General of Tamil Nadu
Office at DMS Compound
Teynampet, Chennai - 600 018 ... Appellants
vs
P.K.Sekar ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 21.07.2015 made in W.P. No.21736 of 2015.
****
For Petitioner : Mr.R.Neelakandan
https://www.mhc.tn.gov.in/judis/
Page No.1 of 5
W.A. No.2675 of 2019 and
C.M.P. No.17258 of 2019
State Government Counsel
For Respondent : No Appearance
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
order 21.07.2015 made in W.P. No.21736 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 01.10.1981 and his services were regularised on
16.12.2003 and he retired on 30.06.2014. As his services were
regularized 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.21736 of 2015. 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 relevant paragraph is extracted
hereunder:
" 4. In these circumstances, the writ petition is
https://www.mhc.tn.gov.in/judis/
W.A. No.2675 of 2019 and
C.M.P. No.17258 of 2019
disposed of directing the first respondent to count
50% of service rendered by the petitioner before
regularization along with the service rendered after
regularization for the purpose of pension and other
terminal benefits in the light of Rule 11(2) of Tamil
Nadu Pension Rules and also the judgment referred
to above and submit proposal for the terminal
benefits for authorization before the fourth
respondent, within a period of eight weeks from the
date of receipt of a copy of this order and the fourth
respondent is directed to authorize the same within a
period of two weeks thereafter."
3. 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
4. However the learned Government Pleader representing the
appellants would state that the order passed by the learned single
Judge was implemented and given effect vide G.O.(3D) No.20
Environment and Forests (FR2-2) Department dated 28.04.2016.
https://www.mhc.tn.gov.in/judis/
W.A. No.2675 of 2019 and
C.M.P. No.17258 of 2019
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.] [K.R., J.]
13.07.2021
Asr
Index : Yes/No
PUSHPA SATHYANARAYANA, J.
https://www.mhc.tn.gov.in/judis/
W.A. No.2675 of 2019 and
C.M.P. No.17258 of 2019
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.2675 of 2019 and
C.M.P. No.17258 of 2019
13.07.2021
https://www.mhc.tn.gov.in/judis/
