Madras High Court
The Government Of Tamil Nadu vs C.Dharmalingam on 16 July, 2021
W.A. No.552 of 2021 and
C.M.P. No.2190 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.552 of 2021 and
C.M.P. No.2190 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 Forest
having office at Panagal Maaligai
Saidapet, Chennai - 600 015
3.The District Forest Officer
Kodaikkanal, Dindigul District
4.The Accountant General of Tamil Nadu
Office at DMS Compound
Teynampet, Chennai - 600 018 ... Appellants
vs
C.Dharmalingam ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 28.09.2016 made in W.P. No.34039 of 2016.
****
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No.552 of 2021 and
C.M.P. No.2190 of 2021
For Appellants : Mr.R.Neelakandan
Government Pleader
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
dated 28.09.2016 made in W.P. No.34039 of 2016. The appellants
herein are the respondents before the writ court and the respondent
herein is the writ petitioner.
2. The respondent herein/writ petitioner was appointed as a
temporary plot watcher in Forest department on 16.11.1984 and his
services were regularised on 7.8.2009 and he retired on 30.04.2016.
As his services were regularised after 25 years, he prayed for counting
of 50% of the temporary services rendered by him along with his
remaining service for the purpose of calculating pension and retiral
benefits by filing a writ of mandamus in W.P. No.33251 of 2015. The
said writ petition was allowed, based on the judgment passed in W.A.
Nos.27 and 28 of 2012 dated 11.11.2013. The appellants were
directed to consider and dispose of petitioner's representation based
on the orders passed in the above referred writ appeal in a time bound
manner. It is also to be noted that the said issue of counting 50% of
the temporary services rendered by a person for computing the
https://www.mhc.tn.gov.in/judis/
W.A. No.552 of 2021 and
C.M.P. No.2190 of 2021
pensionary benefits is no longer res integra in view of the recent
judgment of the Full Bench of this court in Government of Tamil
Nadu and Ors. vs. R. Kaliyamoorthy reported in (2019) 6 CTC
3. However the learned Government Pleader representing the
appellants would state that the order passed by the learned single
Judge was implemented and given effect in its letter and spirit.
4. 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.]
16.07.2021
Asr
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
W.A. No.552 of 2021 and
C.M.P. No.2190 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.552 of 2021 and
C.M.P. No.2190 of 2021
16.07.2021
https://www.mhc.tn.gov.in/judis/
