Madras High Court
The Government Of Tamil Nadu vs M.Pachaiyammal on 15 July, 2021
W.A. No.536 of 2021 and
C.M.P. No.2088 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.536 of 2021 and
C.M.P. No.2088 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 Divisional Forest Officer
Chengalpattu
4.The Accountant General of Tamil Nadu
361, Anna Salai
Teynampet, Chennai - 600 018 ... Appellants
vs
M.Pachaiyammal ... Respondent
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 03.11.2016 made in W.P. No.38177 of 2016.
For Petitioner : Mr.R.Neelakandan
State Government Counsel
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.536 of 2021 and
C.M.P. No.2088 of 2021
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
order dated 24.04.2015 made in W.P. No.11969 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 Forest department on 21.07.1983 and
his services were regularised on 06.08.2009 and he died on
10.10.2015, while he was in service. As the services of her husband
were regularized after 26 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.38177 of 2016. 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/appellants herein, to count half of the
service rendered by the husband of the writ petitioner as Plot 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.536 of 2021 and
C.M.P. No.2088 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.49
Environment and Forests (FR.2-ll) Department dated 30.08.2017.
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.]
15.07.2021
Asr
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
W.A. No.536 of 2021 and
C.M.P. No.2088 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.536 of 2021 and
C.M.P. No.2088 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
