Madras High Court
Muthupandi vs The Government Of Tamil Nadu on 5 March, 2021
W.P.(MD)No.21209 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.21209 of 2017
Muthupandi ... 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 Wild Life Warden,
Grizzled Squirrel Wild Life Sanctuary,
Srivilliputtur,
Virudhunagar District.
4.The Social Forest Officer,
Social Forest Range,
Srivilliputtur,
Virudhunagar District.
1
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W.P.(MD)No.21209 of 2017
5.The Accountant General of Tamil Nadu,
Office of the Accountant General,
Annasalai, Teynampet,
Chennai-600 018. ... Respondents
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 as a Plot Watcher
from 01.05.1987 to 07.08.2009 along with regular service rendered by
the petitioner as a Overdose Plot Watcher from 07.08.2009 to 31.07.2017
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 Petitioners : Mr.G.Marimuthu
For R1 to R4 : Mr.M.Muthugeethayan
Special Government Pleader
For R5 : Mr.P.Gunasekaran
ORDER
This Writ Petition is filed by the petitioner for a direction to the
respondents 1 to 4 to count half of the service rendered by the petitioner
as a Plot Watcher from 01.05.1987 to 07.08.2009 along with regular
service rendered by the petitioner as a Overdose Plot Watcher from
07.08.2009 to 31.07.2017 as qualifying service for pensionary benefits
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W.P.(MD)No.21209 of 2017
and send the revised proposal to the fifth respondent to grant pension
with all consequential monetary benefits within the stipulated period.
2.The case of the petitioner is that he 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 was promoted
as a Overdose Plot Watcher in the regular time scale of pay and
subsequently, he was retired from service in the year 2017. 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 on daily wages along with regular service at
the time of calculating the qualifying service period. Therefore, the
petitioner is eligible to receive the retirement benefits by calculating the
earlier service rendered by him on daily wages. In order to avail such
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W.P.(MD)No.21209 of 2017
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.
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 as a Plot Watcher from 01.05.1987 to
07.08.2009 along with regular service rendered by him as a Overdose
Plot Watcher from 07.08.2009 to 31.07.2017.
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:
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W.P.(MD)No.21209 of 2017
“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
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 has entered into service in the year 1987 as Plot Watcher and
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W.P.(MD)No.21209 of 2017
his service was regularized as Overdose Plot Watcher in the time scale of
pay in the year 2009 and thereafter, he was retired from service in the
year 2017. On a perusal of the Full Bench decision (cited supra), it 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 service was regularized only in the year 2009 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.21209 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 Wild Life Warden,
Grizzled Squirrel Wild Life Sanctuary,
Srivilliputtur,
Virudhunagar District.
4.The Social Forest Officer,
Social Forest Range,
Srivilliputtur,
Virudhunagar District.
5.The Accountant General of Tamil Nadu,
Office of the Accountant General,
Annasalai, Teynampet,
Chennai-600 018.
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W.P.(MD)No.21209 of 2017
M.DHANDAPANI,J.
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W.P.(MD)No.21209 of 2017
05.03.2021
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