Madras High Court
S.Pandiammal vs The State Of Tamil Nadu on 5 January, 2022
W.P(MD)Nos.55 to 59 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.01.2022
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)Nos.55 to 59 of 2022
S.Pandiammal ... Petitioner in WP(MD)No.55 of 2022
C.Senthamarai ... Petitioner in WP(MD)No.56 of 2022
R.Ponnammal ... Petitioner in WP(MD)No.57 of 2022
M.Vijayasamy ... Petitioner in WP(MD)No.58 of 2022
Mrs.M.Indhiradevi ... Petitioner in WP(MD)No.59 of 2022
Vs.
1.The State of Tamil Nadu,
rep. by its Secretary to Government,
Environment, Climate Changes and Forest Department,
Fort. St. George,
Chennai-9
2.The Principal Chief Conservator of Forests and
Head of Forest Force,
Panagal Building,
Saidapet, Chennai-15
3.The District Forest Officer,
Kodaikanal Forestry Division,
Kodaikanal, Dindigul District.
4.The Principal Accountant General of Tamil Nadu,
Teynampet,
Chennai-18. ... Respondents in WP(MD)No.55 of 2022
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.55 to 59 of 2022
1.The State of Tamil Nadu,
rep. by its Secretary to Government,
Environment, Climate Changes and Forest Department,
Fort. St. George,
Chennai-9
2.The Principal Chief Conservator of Forests and
Head of Forest Force,
Panagal Building,
Saidapet, Chennai-15
3.The District Forest Officer,
Dharmapuri Forestry Division,
Dharmapuri, Dharmapuri District.
4.The Principal Accountant General of Tamil Nadu,
Teynampet,
Chennai-18. ... Respondents in WP(MD)No.56 of 2022
1.The State of Tamil Nadu,
rep. by its Secretary to Government,
Environment, Climate Changes and Forest Department,
Fort. St. George,
Chennai-9
2.The Principal Chief Conservator of Forests and
Head of Forest Force,
Panagal Building,
Saidapet, Chennai-15
3.The District Forest Officer cum Deputy Director,
Arignar Anna Zoological Park,
Vandalur,
Chennai-600 048.
4.The Principal Accountant General of Tamil Nadu,
Teynampet,
Chennai-18. ... Respondents in WP(MD)No.57 of 2022
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.55 to 59 of 2022
1.The State of Tamil Nadu,
rep. by its Secretary to Government,
Environment, Climate Changes and Forest Department,
Fort. St. George,
Chennai-9
2.The Principal Chief Conservator of Forests and
Head of Forest Force,
Panagal Building,
Saidapet, Chennai-15
3.The District Forest Officer,
Ramanathapuram Forest Division,
Ramanathapuram District.
4.The Principal Accountant General of Tamil Nadu,
Teynampet,
Chennai-18. ... Respondents in WP(MD)No.58 of 2022
1.The State of Tamil Nadu,
rep. by its Secretary to Government,
Environment, Climate Changes and Forest Department,
Fort. St. George,
Chennai-9
2.The Principal Chief Conservator of Forests and
Head of Forest Force,
Panagal Building,
Saidapet, Chennai-15
3.The District Forest Officer,
Dindigul Forestry Division,
Dindigul, Dindigul District.
4.The Principal Accountant General of Tamil Nadu,
Teynampet,
Chennai-18. ... Respondents in WP(MD)No.59 of 2022
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.55 to 59 of 2022
Prayer : Writ Petitions filed under Article 226 of the Constitution of India,
praying this Court
(i ) to issue a Writ of Mandamus, directing the respondents 1 to 3 to
count the petitioner's husband's service in full as qualifying service by
absorbing the Forest Watcher service on completion of ten years notionally
from 01.04.1993 till the date of the petitioner's husband died on 12.08.2012
similar to Junior in the light of G.O.Ms.No.22, P & AR Department dated
28.02.2006 and the order made by the District Educational Officer, Paramakudi
in Na.Ka.No.2648/A1/2008 dated 30.04.2012 alongwith half of contingencies
service paid from 01.04.1983 to 31.03.1993 for the purpose of old pension by
considering the petitioner's representation dated 29.12.2021 and to send
pension proposal to the fourth respondent to authorize the same with all
consequential arrear benefits with interest as per the Pension Rules, within the
time frame as fixed by this Court(Prayer in WP(MD)No.55 of 2022).
(ii ) to issue a Writ of Mandamus, directing the respondents 1 to 3 to
count the petitioner's husband's service in full as qualifying service by
absorbing the Supernumerary Forest Watcher service on completion of ten
years notionally from 01.07.1997 till the date of retirement on 30.04.2019
similar to Junior in the light of G.O.Ms.No.22, P& AR Department dated
28.02.2006 and the order made by the District Educational Officer, Paramakudi
in Na.Ka.No.2648/A1/2008 dated 30.04.2012 and also in the light of decision
of the Hon'ble Supreme Court in C.A.No.6798 of 2019 dated 02.09.2019 along
with half of contingencies service paid from 01.07.1987 to 30.06.1997 for the
purpose of old pension by considering the petitioner's representation dated
05.10.2021 and to send pension proposal to the fourth respondent to authorize
the same with all consequential arrear benefits with interest as per the Pension
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W.P(MD)Nos.55 to 59 of 2022
Rules, within the time frame as fixed by this Court(Prayer in WP(MD)No.56 of
2022).
(iii) to issue a Writ of Mandamus, directing the respondents 1 to 3 to
count the petitioner's husband's service in full as qualifying service by
absorbing the Animal Keeper service on completion of ten years notionally
from 01.04.1997 till the date of retirement on 31.12.2020 similar to Junior in
the light of G.O.Ms.No.22, P& AR Department dated 28.02.2006 and the order
made by the District Educational Officer, Paramakudi in Na.Ka.No.
2648/A1/2008 dated 30.04.2012 and also in the light of decision of the Hon'ble
Supreme Court in C.A.No.6798 of 2019 dated 02.09.2019 alongwith half of
contingencies service paid from 01.04.1987 to 31.03.1997 for the purpose of
old pension by considering the petitioner's representation dated 06.10.2021 and
to send pension proposal to the fourth respondent to authorize the same with all
consequential arrear benefits with interest as per the Pension Rules, within the
time frame as fixed by this Court(Prayer in WP(MD)No.57 of 2022).
(iv ) to issue a Writ of Mandamus, directing the respondents 1 to 3 to
count the petitioner's service in full as qualifying service by absorbing the
Supernumerary Forest Watcher service on completion of ten years notionally
from 16.01.1995 till the date of retirement on 29.02.2016 similar to Junior in
the light of G.O.Ms.No.22, P& AR Department dated 28.02.2006 and the order
made by the District Educational Officer, Paramakudi in Na.Ka.No.
2648/A1/2008 dated 30.04.2012 alongwith half of contingencies service paid
from 16.01.1985 to 15.01.1995 for the purpose of old pension by considering
the petitioner's representation dated 26.01.2021 and to send pension proposal to
the fourth respondent to authorize the same with all consequential arrear
benefits with interest as per the Pension Rules, within the time frame as fixed
by this Court(Prayer in WP(MD)No.58 of 2022).
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W.P(MD)Nos.55 to 59 of 2022
(v) to issue a Writ of Mandamus, directing the respondents 1 to 3 to
count the petitioner's husband's service in full as qualifying service by
absorbing the Supernumerary Forest Watcher service on completion of ten
years notionally from 01.09.1991 till the date of retirement on 14.02.2012
similar to Junior in the light of G.O.Ms.No.22, P& AR Department dated
28.02.2006 and the order made by the District Educational Officer, Paramakudi
in Na.Ka.No.2648/A1/2008 dated 30.04.2012 and also in the light of decision
of the Hon'ble Supreme Court in C.A.No.6798 of 2019 dated 02.09.2019
alongwith half of contingencies service paid from 01.09.1981 to 31.08.1991 for
the purpose of old pension by considering the petitioner's representation dated
29.12.2021 and to send pension proposal to the fourth respondent to authorize
the same with all consequential arrear benefits with interest as per the Pension
Rules, within the time frame as fixed by this Court(Prayer in WP(MD)No.59 of
2022).
For Petitioner : Mr.C.Prabakaran
(In all W.Ps)
For Respondents : Mr.S.Saji Bino, Spl G.P for R1 to R3
(In all W.Ps) Mr.P.Gunasekaran for R4
COMMON ORDER
Heard Mr.C.Prabakaran, learned counsel appearing for the petitioners
and Mr.S.Saji Bino, learned Special Government Pleader appearing for the
respondents. Mr.P.Gunasekaran, learned counsel appearing for the fourth
respondent.
2. These Writ Petitions have been filed seeking for issuance of a
Mandamus, directing the respondents 1 to 3 to count the petitioners' husband's
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W.P(MD)Nos.55 to 59 of 2022
service in W.P.(MD) Nos.55 to 57 & 59 of 2022 and the petitioner's service in
W.P.(MD) No.58 of 2022 in full as qualifying service by absorbing the
Supernumerary Forest Watcher and Animal Keeper etc., services on completion
of ten years notionally from the date of appointment till the date of retirement,
similar to their Juniors in the light of G.O.Ms.No.22, P& AR Department dated
28.02.2006 and the order made by the District Educational Officer, Paramakudi
in Na.Ka.No.2648/A1/2008 dated 30.04.2012.
3.By consent of both parties, these writ petitions are taken up for final
disposal at the admission stage itself.
4. The case of the petitioner in W.P.(MD) No.58 of 2022 and the
husbands of the petitioners in W.P.(MD) Nos.55 to 57 & 59 of 2022 is that they
were appointed as Plot Watchers in the Forest Department on daily wage basis
and they were 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 and the petitioners' husbands
were promoted as Forest Watchers in the regular time scale of pay and
subsequently, they were retired from service. According to the petitioners, as
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W.P(MD)Nos.55 to 59 of 2022
per Tamil Nadu Forest Subordinate Service Rules, they are entitled to receive
pension for 10 years of net qualifying service. Rule 11(2) of the Tamil Nadu
Pension Rules, provide for counting half of the service rendered by them on
daily wages along with regular service at the time of calculating the qualifying
service period. Therefore, the petitioners' husbands and the petitioner are
eligible to receive the retirement benefits by calculating the earlier service
rendered by them on daily wages. In order to avail such a benefit, they have
made respective representations, which invoked no response. Hence, the
present writ petitions are filed.
5.The learned counsel appearing for the petitioners submitted that this
Court may issue a direction to the respondents to count half of the service
rendered by the petitioner in WP (MD) No.58 of 2022 and the husbands of the
petitioners in WP (MD) Nos.55 to 57 & 59 of 2022 as Plot Watchers along
with regular service rendered by them as Forest Watchers.
6.Per contra, the learned Special Government Pleader appearing for the
respondents 1 to 4 submitted that the issue that arose in the present writ
petitions is no longer res integra. There are two conflicting decisions rendered
by the Division Bench of this Court in this regard. In one of the judgments
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W.P(MD)Nos.55 to 59 of 2022
rendered by the Division Bench of the Madurai Bench of this 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. This contrary view taken by two Division Bench of this Court has led
to the reference to the Full Bench.
7.The Full Bench accordingly answered the reference in W.A.Nos.158 of
2016 etc., Batch, dated 03.12.2019, holding that the persons, who were
appointed on or after 01.04.2003, are not entitled for pension. The relevant
portion of the judgment of the Full Bench of this Court as found in para 45(iv)
is as follows:
45. In the light of the above, we answer the reference
as follows:-
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W.P(MD)Nos.55 to 59 of 2022
(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) ... ... ...”
8.The facts in the present case are not in dispute. Admittedly, the
petitioners' husbands and the petitioner in WP (MD) No.58 of 2022 have
entered into service in the year 1987 as Plot Watchers and their services were
regularized as Forest Watcher in the time scale of pay during the years 2009 and
2016 and thereafter, they retired from service. 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 services of the petitioners' husbands in W.P.(MD) Nos.55 to 57 & 59
of 2022 and the petitioner in WP (MD) No.58 of 2022 were regularized only
during the years 2009 and 2016 and hence, they are not entitled to get such a
benefit. Hence, the relief sought for in the writ petitions cannot be granted.
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W.P(MD)Nos.55 to 59 of 2022
8.Accordingly, the Writ Petitions are dismissed. No costs.
05.01.2022
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.
To:
1.The State of Tamil Nadu,
rep. by its Secretary to Government,
Environment, Climate Changes and Forest Department,
Fort. St. George,
Chennai-9
2.The Principal Chief Conservator of Forests and
Head of Forest Force,
Panagal Building,
Saidapet, Chennai-15
3.The District Forest Officer,
Kodaikanal Forestry Division,
Kodaikanal, Dindigul District.
4.The Principal Accountant General of Tamil Nadu,
Teynampet,
Chennai-18.
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W.P(MD)Nos.55 to 59 of 2022
5.The District Forest Officer,
Dharmapuri Forestry Division,
Dharmapuri, Dharmapuri District.
6.The District Forest Officer cum Deputy Director,
Arignar Anna Zoological Park,
Vandalur,
Chennai-600 048.
7.The District Forest Officer,
Ramanathapuram Forest Division,
Ramanathapuram District.
8.The District Forest Officer,
Dindigul Forestry Division,
Dindigul, Dindigul District.
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W.P(MD)Nos.55 to 59 of 2022
B.PUGALENDHI, J.
dn
W.P(MD)Nos.55 to 59 of 2022
05.01.2022
https://www.mhc.tn.gov.in/judis
