Madras High Court
The Government Of Tamil Nadu vs P.Thandavamoorthy on 13 July, 2021
W.A. No.3569 of 2019 and
C.M.P. No.22912 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.3569 of 2019 and
C.M.P. No.22912 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
4.The Accountant General of Tamil Nadu
Office at DMS Compound
Teynampet, Chennai - 600 018 ... Appellants
vs
P.Thandavamoorthy ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 24.04.2015 made in W.P. No.11935 of 2015.
****
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.3569 of 2019 and
C.M.P. No.22912 of 2019
For Petitioner : Mr.R.Neelakandan
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 24.04.2015 made in W.P. No.11935 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 01.11.1980 and his services were regularised on
11.04.2003 and he retired on 31.10.2014. As his services were
regularized after 23 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.11935 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:
https://www.mhc.tn.gov.in/judis/
W.A. No.3569 of 2019 and
C.M.P. No.22912 of 2019
" 4. In these circumstances, the writ petition is disposed
of directing the respondents 1 to 3 to count half of the service
of the petitioner as Plot Watcher on daily wage basis along with
his regular service as rendered as Forest Watcher and Forest
Guard as qualifying service for the purpose of pension."
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.22
Environment and Forests (FR2-2) Department dated 30.05.2016.
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
https://www.mhc.tn.gov.in/judis/
W.A. No.3569 of 2019 and
C.M.P. No.22912 of 2019
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.3569 of 2019 and
C.M.P. No.22912 of 2019
13.07.2021
https://www.mhc.tn.gov.in/judis/
