Madras High Court
M.Rajendran vs The Government Of Tamil Nadu on 28 October, 2021
W.P(MD)No.19308 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No.19308 of 2021
M.Rajendran ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by its Secretary to Government,
Environment and Forest Department,
Fort St. George,
Chennai - 9.
2.The Principal Chief Conservator of Forest,
Panagal Building,
Saidapet,
Chennai - 15.
3.The Principal Accountant General of Tamil Nadu,
Office of Accountant General,
Teynampet,
Chennai - 18.
4.The Divisional Forest Officer,
Sivagangai Division,
Sivagangai District.
5.The Forest Extension Officer,
Forest Extension division,
Sivagangai. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
https://www.mhc.tn.gov.in/judis/
1/7
W.P(MD)No.19308 of 2021
records of the 4th Respondent's Impugned Order in Pa.Aa.No.02/2020/Pal/
dated 06.01.2020 and consequent order in Sae.Mu.Aa.No.6571/2019/Pa dated
23.01.2020 and quash the same as devoid of merits consequently directing the
4th respondent to regularize petitioner's service on completion of 10 years w.e.f.,
1996, and to take 50% of his 35 years of service as per G.O.(Ms).No.332 from
01.03.1986 to 05.08.2009 as a Plot Watcher, 07.08.2009 to 05.01.2020 as an
Supernumerary Plot Watcher and from 23.01.2020 to 21.05.2021 as Permanent
Supernumerary Watcher, and directing the respondents to grant the entire
service benefits, by considering his representation dated 20.07.2021, within the
time frame as stipulated by this Court.
For Petitioner : Mr.Haja Mohideen
For R1, R2, R4 &R5 : Mr.A.K.Manikkam,
Standing Counsel for State.
For R3 : Mr.P.Gunasekaran,
Standing Counsel.
ORDER
The Writ Petition has been filed seeking for the issuance of a Writ
of Certiorarified Mandamus, to call for the records of the 4th Respondent's
Impugned Order in Pa.Aa.No.02/2020/Pal/ dated 06.01.2020 and consequent
order in Sae.Mu.Aa.No.6571/2019/Pa dated 23.01.2020 and quash the same as
devoid of merits consequently directing the 4th respondent to regularize
petitioner's service on completion of 10 years w.e.f., 1996, and to take 50% of
his 35 years of service as per G.O.(Ms).No.332 from 01.03.1986 to 05.08.2009
as a Plot Watcher, 07.08.2009 to 05.01.2020 as an Supernumerary Plot Watcher
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.19308 of 2021
and from 23.01.2020 to 21.05.2021 as Permanent Supernumerary Watcher, and
directing the respondents to grant the entire service benefits, by considering his
representation dated 20.07.2021, within the time frame as stipulated by this
Court.
2.The petitioner was appointed as a daily wager at the rate of Rs.
175/- per month as a Plot Watcher on 01.03.1986 under the fourth respondent's
office. He was promoted as Supernumerary Plot Watcher on 07.08.2009 and
subsequently, by impugned proceedings the 3rd respondent has regularized the
petitioner with effect from 23.01.2020 as a Supernumerary Plot Watcher. Later,
the petitioner had attained the age of superannuation on 31.05.2021. According
to the petitioner, he is entitled to the regularization of his service on completion
of 10 years of service with effect from 1996 and to take 50% of his 35 years
service for pension calculation as per G.O.(Ms).No.332, i.e. from 01.03.1986 to
05.08.2009 as a Plot Watcher, 07.08.2009 to 05.01.2020 as an Supernumerary
plot Watcher and from 23.01.2020 to 21.05.2021 as Permanent Supernumerary
Watcher. In this regard, the petitioner made representation on 20.07.2021 to the
respondents. However, no orders have been passed and the said representation
is still pending with the respondents. Hence, the present Writ Petition has been
filed before this Court.
https://www.mhc.tn.gov.in/judis/
3.Mr.A.K.Manikkam, learned Standing Counsel appearing for the
W.P(MD)No.19308 of 2021
respondents 1, 2, 4 & 5 would submit that the issue involved in the present
writ petition has been elaborately considered by a Full Bench of this Court in
W.A.Nos.158, 314, 315, etc. of 2016 dated 03.12.2019 (The Government of
Tamil Nadu and others versus R.Kaliyamoorthy), wherein, this Court has held
in para 45(iv) & (v) as under:
“45. In the light of the above, we answer the reference as
follows:-
(i) to (iii) ,... .... ....
(iv) (iv) Those government servants who were appointed
in the aforesaid four categories before the cut off date and later
appointed under Rule 10 (a) (i) of Tamil Nadu State and
Subordinate Service Rules before 01.04.2003 and absorbed
into regular service after 01.04.2003 will not be entitled to
count half of their past service for the purpose of determination
of qualifying service for pension.
(v) Those government servants who were appointed in the
aforesaid four categories before 01.04.2003 but were absorbed
in regular service after 01.04.2003 will not be entitled to count
half of their past service for the purpose of determination of
qualifying service for pension."
4. The above decision will squarely apply to the facts of the present case
on hand and since the service of the petitioner was regularized on 23.01.2020,
he is not entitled to count half of his past service for the purpose of
determination of qualifying service for pension.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.19308 of 2021
5. In view of the aforesaid Full Bench Judgment, the petitioner is not
entitled for relief as prayed for. Accordingly, the Writ Petition is dismissed. No
costs.
28.10.2021
Index : Yes / No
Internet : Yes/ No
dn
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.19308 of 2021
To
1.The Secretary to Government,
The Government of Tamil Nadu,
Environment and Forest Department,
Fort St. George,
Chennai - 9.
2.The Principal Chief Conservator of Forest,
Panagal Building,
Saidapet,
Chennai - 15.
3.The Principal Accountant General of Tamil Nadu,
Office of Accountant General,
Teynampet,
Chennai - 18.
4.The Divisional Forest Officer,
Sivagangai Division,
Sivagangai District.
5.The Forest Extension Officer,
Forest Extension division,
Sivagangai.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.19308 of 2021
D.KRISHNAKUMAR, J.
dn
W.P(MD)No.19308 of 2021
28.10.2021
https://www.mhc.tn.gov.in/judis/
