Madras High Court
Government Of Tamil Nadu vs C.Annamalai on 26 July, 2021
W.A. No.575 of 2021 and
C.M.P. No.2375 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.575 of 2021 and
C.M.P. No.2375 of 2021
1.Government of Tamil Nadu
Rep. by Secretary to Government
Environment and Forest Department
Fort St. George, Chennai.
2.The Principal Chief Conservator of Forests
No.01, Jeenis Road, Panagal Building
Saidapet, Chennai - 600 015
3.The District Forest Officer
Interface Forestry Division
Krishnagiri, Krishnagiri District
4.The District Forest Officer
Mettur Soil Conservation Scheme
Dharmapuri - 5
Dharmapuri District.
5.The Accountant General of Tamil Nadu
Office of the Accountant General
Anna Salai, Teynampet,
Chennai - 18 ... Appellants
vs
C.Annamalai ... Respondent
https://www.mhc.tn.gov.in/judis/
Page No.1 of 5
W.A. No.575 of 2021 and
C.M.P. No.2375 of 2021
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 27.02.2014 made in W.P. No.5878 of 2014.
****
For Appellants : Mr.R.Neelakandan
State Government Counsel
For Respondent : Mr.M.R.Jothimanian
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
dated 27.02.2014 made in W.P. No.5878 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 Forest department on
01.12.1979 and his services were regularised on 07.08.2009 and he
retired on 31.01.2014. As his services were regularised after 29 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.5878 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.
https://www.mhc.tn.gov.in/judis/
W.A. No.575 of 2021 and
C.M.P. No.2375 of 2021
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 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 705.
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 vide G.O.(3D) No.5
Environment and Forests (FR.2-II) Department dated 12.02.2016. The
learned counsel appearing for the respondent/writ petitioner affirms
the statement of the learned Government Counsel.
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.]
26.07.2021
Asr
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
W.A. No.575 of 2021 and
C.M.P. No.2375 of 2021
To
1.Government of Tamil Nadu
Rep. by Secretary to Government
Environment and Forest Department
Fort St. George, Chennai.
2.The Principal Chief Conservator of Forests
No.01, Jeenis Road, Panagal Building
Saidapet, Chennai - 600 015
3.The District Forest Officer
Interface Forestry Division
Krishnagiri, Krishnagiri District
4.The District Forest Officer
Mettur Soil Conservation Scheme
Dharmapuri - 5
Dharmapuri District.
5.The Accountant General of Tamil Nadu
Office of the Accountant General
Anna Salai, Teynampet,
Chennai - 18
https://www.mhc.tn.gov.in/judis/
W.A. No.575 of 2021 and
C.M.P. No.2375 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.575 of 2021 and
C.M.P. No.2375 of 2021
26.07.2021
https://www.mhc.tn.gov.in/judis/
