Madras High Court
The Government Of Tamil Nadu vs S.Natarajan on 14 July, 2021
W.A. No.1457 of 2021 and
C.M.P. No.9082 of 2021
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.1457 of 2021 and
C.M.P. No.9082 of 2021
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
Dindigul District
4.The Accountant General of Tamil Nadu
Office at DMS Compound
Teynampet, Chennai - 600 018 ... Appellants
vs
S.Natarajan ... Respondent
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 18.01.2016 made in W.P. No.39734 of 2015.
For Petitioner : Mr.R.Neelakandan
State Government Counsel
For Respondent : No Appearance
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.1457 of 2021 and
C.M.P. No.9082 of 2021
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
order dated 18.01.2016 made in W.P. No.39734 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 01.02.1982 and his services were regularised on
11.08.2004 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.39734 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 followed by the order of the writ court in W.P.
Nos.22540 to 22553 of 2014 dated 21.08.2014 and directed the
respondents 1 to 3 therein to count half of the service rendered by the
writ petitioner as Social Forest Worker/Plot Watcher on daily wages
basis along with regular service rendered by him till the date of
retirement as qualifying service, in a time bound manner.
https://www.mhc.tn.gov.in/judis/
W.A. No.1457 of 2021 and
C.M.P. No.9082 of 2021
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.52
Environment and Forests (FR2-2) Department dated 21.12.2016.
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
https://www.mhc.tn.gov.in/judis/
W.A. No.1457 of 2021 and
C.M.P. No.9082 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1457 of 2021 and
C.M.P. No.9082 of 2021
14.07.2021
https://www.mhc.tn.gov.in/judis/
