Madras High Court
The State Of Tamil Nadu vs K.M.Muniyappan on 14 July, 2021
W.A. No.1769 of 2018 and
C.M.P. No.14208 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.1769 of 2018 and
C.M.P. No.14208 of 2018
1.The State of Tamil Nadu
Rep. by its Secretary to Government
Forest and Environment Department
Fort St. George, Chennai - 600 009
2.The Principal Chief Conservator of Forests
Panagal Maaligai, Saidapet
Chennai - 600 015
3.The District Forest Officer
District Forest Office
Nilgiris North Division, Ooty
4.The Forest Range Officer
Mannarkudi Range
Mannarkudi, Thiruvaroor (D.T.)
5.The Principal Accountant General of Tamil Nadu
Accounts and entitlement
Office at Accountant General
Teynampet, Chennai - 18. ... Appellants
vs
K.M.Muniyappan ... Respondent
https://www.mhc.tn.gov.in/judis/
Page No.1 of 5
W.A. No.1769 of 2018 and
C.M.P. No.14208 of 2018
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Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 09.09.2014 made in W.P. No.18848 of 2014.
****
For Petitioner : Mr.R.Neelakandan
State Government Counsel
For Respondent : Mr.K.Naveenkumar
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
dated 09.09.2014 made in W.P. No.18848 of 2014. 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 Plot Watcher in the services of the Forest department on 01.11.1979
and his services were regularised on 05.01.2007 and he retired on
28.02.2013. As his services were regularized after 28 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.18848 of 2014. The said writ petition was allowed, in terms of G.O.
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W.A. No.1769 of 2018 and
C.M.P. No.14208 of 2018
Ms. No.408, Finance (Pension) Department, dated 25.08.2009 and
directed the appellants herein to extend the benefit of the said GO to
the petitioner for the purpose of pension. Paragraphs 4 and 5 of the
said order are extracted hereunder:
" 4. A perusal of the impugned order would go to
show that half of the service period spent as daily wager
was not taken into account in the case of the petitioner,
because, according to the impugned order, the above said
Government Order is applicable only to those employees
who were brought into the regular service on or before
01.04.2003. Similar orders passed came to be considered in
a number of writ petitions in W.P. (MD) No.5174 of 2008
dated 30.6.2008, 7263 and 7264 of 2008 dated
16.12.2008, 10447/2008 dated 16.7.2009 and 1375/2010
dated 3.3.2010 and W.P. No.25293/2010 dated
30.11.2010. In all these writ petitions, this court has taken
a view that even though the employee was taken into the
regular service subsequent to 1.4.2003, still, the benefit of
the Government Order should be extended to him. In view
of the same, I hold that the petitioner is entitled for the
benefits of the said Government Order.
5. In the result, the writ petition is allowed and the
respondents are directed to extend the benefits of the G.O.
Ms. No.408 to the petitioner for the purpose of pension. In
any event, consequential order shall be passed, within a
period of six months from the date of receipt of a copy of
this order. No costs. Consequently, connected Miscellaneous
Petition is closed."
3. It is also to be noted that the said issue of counting 50% of
https://www.mhc.tn.gov.in/judis/
W.A. No.1769 of 2018 and
C.M.P. No.14208 of 2018
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.5
Environment and Forests (FR2-2) Department dated 12.02.2016.
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.]
14.07.2021
Asr
Index : Yes/No
PUSHPA SATHYANARAYANA, J.
https://www.mhc.tn.gov.in/judis/
W.A. No.1769 of 2018 and
C.M.P. No.14208 of 2018
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1769 of 2018 and
C.M.P. No.14208 of 2018
14.07.2021
https://www.mhc.tn.gov.in/judis/
