Government Of Tamil Nadu vs V.Paramasivam
2021 Latest Caselaw 14577 Mad

                                                                          W.A. No.1873 of 2018 and
                                                                           C.M.P. No.15004 of 2018

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 20.07.2021

                                                       CORAM

                        THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
                                                         and
                              THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY


                                               W.A. No.1873 of 2018 and
                                               C.M.P. No.15004 of 2018

                   1.Government of Tamil Nadu,
                     Rep. by its Secretary,
                     Environment and Forest Department,
                     Fort St. George, Chennai - 600 009.

                   2.The Principal Chief Conservator of Forests,
                     Having Office at Panagal Maaligai,
                     Saidapet, Chennai - 600 015.

                   3.The District Forest Officer,
                     Perambalur,
                     Perambalur District.

                   4.The Accountant General of Tamil Nadu,
                     Office at DMS Compound,
                     Teynampet, Chennai – 600 018.                             ... Appellants

                                                          vs

                   V.Paramasivam                                               ... Respondent
                                                        ****
                   Prayer: Writ Appeal filed under clause 15 of the Letters Patent to set
                   aside the order passed in W.P. No.5483 of 2014 dated 04.09.2014.
                                                        ****
                                     For Appellants        :   Mr.R.Neelakandan
                                                               State Government Counsel

https://www.mhc.tn.gov.in/judis/
                   Page No.1 of 4
                                                                      W.A. No.1873 of 2018 and
                                                                       C.M.P. No.15004 of 2018




                                                    JUDGMENT

(delivered by PUSHPA SATHYANARAYANA, J.)

Challenge in this writ appeal is to the order of the writ court

dated 04.09.2014 made in W.P.No.5483 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 temporary Plot Watcher in the services of the third appellant

department on 01.01.1982 and his services were regularised on

24.01.1995 and he retired on 31.06.2013. As his services were

regularised after 13 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.5483 of 2014. The said writ petition was

allowed, based on the judgment passed in W.A. Nos.27 and 28 of

2012 dated 13.02.2012. 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

https://www.mhc.tn.gov.in/judis/

W.A. No.1873 of 2018 and C.M.P. No.15004 of 2018

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 Government of Tamil Nadu and Ors. vs. R.

Kaliyamoorthy reported in (2019) 6 CTC 705.

3. However the learned State Government Counsel 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.]
                                                                      20.07.2021
                   Index            : Yes/No
                   Internet         : Yes/No
                   rsi

https://www.mhc.tn.gov.in/judis/

W.A. No.1873 of 2018 and C.M.P. No.15004 of 2018

PUSHPA SATHYANARAYANA, J.

and KRISHNAN RAMASAMY, J.

rsi

W.A. No.1873 of 2018 and C.M.P. No.15004 of 2018

20.07.2021

https://www.mhc.tn.gov.in/judis/