Madras High Court
The Government Of Tamil Nadu vs M.Radhammal on 14 July, 2021
W.A. No.1725 of 2018 and
C.M.P. No.13792 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.1725 of 2018 and
C.M.P. No.13792 of 2018
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 District
4.The Accountant General of Tamil Nadu
Office at DMS Compound
Teynampet, Chennai - 600 018 ... Appellants
vs
M.Radhammal ... Respondent
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 21.07.2015 made in W.P. No.21738 of 2015.
For Petitioner : Mr.R.Neelakandan
State Government Counsel
For Respondent : Mr.S.Mani
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.1725 of 2018 and
C.M.P. No.13792 of 2018
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
order dated 21.07.2015 made in W.P. No.21738 of 2015. The
appellants herein are the respondents before the writ court and the
respondent herein is the writ petitioner.
2. The respondent/writ petitioner's husband, was appointed as a
temporary plot watcher in the services of the third appellant
department on 01.05.1982 and his services were regularised on
28.12.2004 and he died on 16.12.2014, while he was in service. As
the services of her husband were regularized after 22 years, she
prayed for counting of 50% of the temporary services rendered by her
husband along with his remaining service for the purpose of
calculating the pension and terminal benefits by filing a writ of
mandamus in W.P. No.21738 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 and directed the respondents 1 to 3 therein to
count half of the service rendered by the husband of the writ
petitioner as Social Forest Watcher on daily wages basis along with
regular service rendered by her husband till the date of his death as
qualifying service, in a time bound manner.
https://www.mhc.tn.gov.in/judis/
W.A. No.1725 of 2018 and
C.M.P. No.13792 of 2018
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. The
learned counsel appearing for the respondent/writ petitioner also
confirms that the order was implemented.
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.1725 of 2018 and
C.M.P. No.13792 of 2018
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1725 of 2018 and
C.M.P. No.13792 of 2018
14.07.2021
https://www.mhc.tn.gov.in/judis/
