Madras High Court
Povunthai vs The Government Of Tamil Nadu on 5 March, 2021
W.P.(MD)No.21210 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.21210 of 2017
Povunthai ... Petitioner
Vs.
1.The Government of Tamil Nadu
rep by its Principal Secretary to Government,
Forest and Environment Department,
Fort St.George, Chennai-600 009.
2.The Principal Chief Conservator of Forests,
No.1, Jennis Road,
Panagal Building, Saidapet,
Chennai-600 015.
3.The District Forest Officer,
Tirunelveli Forest Range,
Tirunelveli.
4.The Social Forest Officer,
Sivagiri,
Tirunelveli District.
5.The Accountant General of Tamil Nadu,
Office of the Accountant General,
Annasalai, Teynampet,
Chennai-600 018. ... Respondents
1
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W.P.(MD)No.21210 of 2017
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to
count half of the service rendered by the petitioner's husband viz.,
Muthusamy as a Plot Watcher from 01.05.1987 to 30.07.2014 along with
regular service rendered by the petitioner as a Forest Watcher from
30.07.2014 to 26.06.2016 as qualifying service for pensionary benefits
and send the revised proposal to the 5th respondent to grant pension with
all consequential monetary benefits within the stipulated period.
For Petitioner : Mr.G.Marimuthu
For R1 to R4 : Mr.M.Muthugeethayan
Special Government Pleader
For R5 : Mr.P.Gunasekaran
ORDER
This Writ Petition is filed for a direction to the respondents 1 to 4
to count half of the service rendered by the petitioner's husband viz.,
Muthusamy, as a Plot Watcher from 01.05.1987 to 30.07.2014 along with
regular service rendered by the petitioner's husband as a Forest Watcher
from 30.07.2014 to 26.06.2016 as qualifying service for pensionary
benefits and send the revised proposal to the fifth respondent to grant
pension with all consequential monetary benefits.
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W.P.(MD)No.21210 of 2017
2.The case of the petitioner is that her husband was appointed as a
Plot Watcher in the Forest Department on daily wage basis and he was
continuously engaged by the respondents without any break. During the
year 2008-2009, the Forest Department has prepared a State-wide
Seniority List of Plot Watchers to appoint/promote them as Forest
Watcher in the time scale of pay. Thereafter, the petitioner's husband was
promoted as a Forest Watcher in the regular time scale of pay and
subsequently, he was retired from service in the year 2016. Further the
petitioner has averred that as per Tamil Nadu Forest Subordinate Service
Rules, to receive pension for 10 years of net qualifying service. Rule
11(2) of the Tamil Nadu Pension Rules, to count half of the service
rendered by the petitioner's husband on daily wages along with regular
service at the time of calculating the qualifying service period.
Therefore, the petitioner's husband is eligible to receive the retirement
benefits by calculating the earlier service rendered by him on daily
wages. In order to avail such a benefit, the petitioner has made a
representation, dated 12.10.2017. So far no order has been passed.
Hence, the present writ petition is filed.
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W.P.(MD)No.21210 of 2017
3.The learned counsel appearing for the petitioner submitted that
this Court may issue a direction to the respondents to count half of the
service rendered by the petitioner's husband as a Plot Watcher from
01.05.1987 to 30.07.2014 along with regular service rendered by him as
a Overdose Plot Watcher from 30.07.2014 to 20.06.2016.
4.Per contra, the learned Special Government Pleader appearing
for the respondents 1 to 4 submitted that the issue that arose in the
present writ petition is no longer res integra and there are two conflicting
decisions rendered by the Division Bench of this Court and that the
matter was referred before the Full Bench of this Court in W.A.Nos.158
of 2016 etc., Batch, dated 03.12.2019 and the above question was
answered. The person, who was firstly appointed on or after 01.04.2003,
is not entitled for pension. The relevant portion of the judgment of the
Full Bench of this Court is as follows:
“4.Such a reference came to be made by the
Division Bench on noticing that there are two conflicting
decisions rendered by the Division Benches of this Court.
In one of the judgments rendered by the Division Bench
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W.P.(MD)No.21210 of 2017
of the Madurai Bench of his Court in W.A(MD)Nos.587,
605, 606 and 1024 of 2014 on 03.12.2014, it was held
that persons, who were absorbed and/or regularized to
service after 01.04.2003 were not entitled to count half of
the past service rendered by them for the purpose of
conferment of pensionary benefits along with the service
rendered by them after regularization. Another Division
Bench of the Madurai Bench of this Court, in its
judgment dated 09.09.2015, in W.A(MD)No.760 of 2013
held that such persons, whose service came to be
regularized after 01.04.2003 were entitled and/or eligible
to count half of the services rendered by them on daily
wage basis prior to their regularization, for the purpose
of conferment of pensionary benefits. Thus, this contrary
view taken by two Division Bench of this Court has led to
the present reference to his Full Bench.”
5.The facts in the present case are not in dispute. Admittedly, the
petitioner's husband has entered into service in the year 1987 as Plot
Watcher and his service was regularized as Forest Watcher in the time
scale of pay in the year 2014 and thereafter, he was retired from service
in the year 2016. On a perusal of the Full Bench decision (cited supra), it
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W.P.(MD)No.21210 of 2017
is seen that the Government Servants, who are appointed on or after
01.04.2003 are not entitled for pension. In the present case, the
petitioner's husband's service was regularized only in the year 2014 and
hence, he was not entitled to get such a benefit. Hence, the relief sought
for in the writ petition cannot be granted. Accordingly, this Writ Petition
is dismissed. No costs.
05.03.2021
Index:Yes/No
Internet:Yes/No
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W.P.(MD)No.21210 of 2017
To
1.The Government of Tamil Nadu
rep by its Principal Secretary to Government,
Forest and Environment Department,
Fort St.George, Chennai-600 009.
2.The Principal Chief Conservator of Forests,
No.1, Jennis Road,
Panagal Building, Saidapet,
Chennai-600 015.
3.The District Forest Officer,
Tirunelveli Forest Range,
Tirunelveli.
4.The Social Forest Officer,
Sivagiri,
Tirunelveli District.
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W.P.(MD)No.21210 of 2017
M.DHANDAPANI,J.
Ns
W.P.(MD)No.21210 of 2017
05.03.2021
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