Madras High Court
The Government Of Tamil Nadu vs S.Syed Hussain on 26 July, 2021
W.A. No.1455 of 2021 and
C.M.P. No.9060 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.1455 of 2021 and
C.M.P. No.9060 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
Attur, Salem
4.The Accountant General of Tamil Nadu
Office at DMS Compound
Teynampet, Chennai - 600 018 ... Appellants
vs
S.Syed Hussain ... Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 18.01.2016 made in W.P. No.39756 of 2015.
****
https://www.mhc.tn.gov.in/judis/
Page No.1 of 5
W.A. No.1455 of 2021 and
C.M.P. No.9060 of 2021
For Petitioner : Mr.R.Neelakandan
State Government Counsel
For Respondent : Not ready in Notice
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
Challenge in this writ appeal is to the order of the writ court
18.01.2016 made in W.P. No.39756 of 2015. 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
10.01.1983 and his services were regularised on 15.05.2008 and he
retired on 31.08.2015. 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 the
pension and retiral benefits by filing a writ of mandamus in W.P.
No.39756 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.
The appellants were directed to consider and dispose of petitioner's
representation based on the orders passed in the above referred writ
https://www.mhc.tn.gov.in/judis/
W.A. No.1455 of 2021 and
C.M.P. No.9060 of 2021
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.52
Environment and Forests (FR.2-II) Department dated 21.12.2016.
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.1455 of 2021 and
C.M.P. No.9060 of 2021
To
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
Attur, Salem
4.The Accountant General of Tamil Nadu
Office at DMS Compound
Teynampet, Chennai - 600 018
https://www.mhc.tn.gov.in/judis/
W.A. No.1455 of 2021 and
C.M.P. No.9060 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1455 of 2021 and
C.M.P. No.9060 of 2021
26.07.2021
https://www.mhc.tn.gov.in/judis/
