Madras High Court
Kalimuthu vs The Government Of Tamil Nadu on 9 March, 2022
W.P.(MD)No.15100 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:09.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.15100 of 2019
Kalimuthu ... Petitioner
Vs.
1.The Government of Tamil Nadu
Rep. by Secretary to the Government
Forest and Environment Department
Fort St. George
Chennai 600 009.
2.The Principal Chief Conservator of Forests
Panagal Building
Saidapet
Chennai.
3.The Divisional Forest Officer,
Social Forest Division
Sivagangai
Sivagangai District.
4.The Accountant General of Tamilnadu
Office of the Accountant General
Teynampet
Chennai. 600 018 ... Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15100 of 2019
PRAYER: Writ Petition under Article 226 of the Constitution of India, to
issue a Writ of Mandamus to direct the respondents 1 to 3 to count half of
the service rendered by the petitioner as a plot watcher from 01.08.1983
to 06.08.2009 along with regular service rendered to him as a Forest
Watcher from 07.08.2009 to 31.12.2017 as qualifying service for the
purpose of conferment of pension and further direction to send a pension
proposal to the 4th respondent and further to grant pension based on such
proposal with all consequential benefits.
For Petitioner : Mr.A.R.Kannappan
For Respondents : Mr.M.Ramesh for R1 to R3
Government Advocate
Mr.P.Gunasekaran for R4
ORDER
The relief sought for in the present writ petition is to direct the
respondents 1 to 3 to count half of the service rendered by the writ
petitioner as Plot Watcher.
2. Counting of 50% of the temporary service of an employee with
reference to Rule 11(4) of the Tamil Nadu Pension Rules 1978 was
elaborately considered by the Hon'ble Full Bench of the Madras High
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15100 of 2019
Court, in the case of State of Tamil Nadu v. P.Kaliyamoorthy reported in
2019 (6) CTC 705. Paragraph 41 of the judgment is relevant, which
reads as follows:
“41. Thus, a government servant who may have
been appointed before the cut-off date of 31.03.2003 may
be entitled to government pension if he satisfies the
requirement of qualifying service in Rule 3(o) of the
Tamil Nadu Pension Rules, 1978. However, such a
person will not be entitled to add half of the past service
held in any one of the four capacity mentioned above
prior to 01.04.2003 since his regularisation is subsequent
to the cut off date. Therefore, only those who were
appointed prior to 01.04.2003 whether as temporary
appointment but in accordance with Rule 10 (a) (i) alone
will be entitled to get pension.”
3. In view of the above judgment, the case of the writ petitioner
cannot be considered, as the principles laid down do not permit to do so
by the authorities. Accordingly, the writ petition stands dismissed. It is
made clear that the pension as applicable to the writ petitioner in
accordance with the pension rules is to be paid by following the
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15100 of 2019
procedures as contemplated. No costs.
09.03.2022
Index:Yes/No
Internet:Yes/No
RR
To
1.The Secretary to the Government
Forest and Environment Department
Fort St. George
Chennai 600 009.
2.The Principal Chief Conservator of Forests
Panagal Building
Saidapet
Chennai.
3.The Divisional Forest Officer,
Social Forest Division
Sivagangai
Sivagangai District.
4.The Accountant General of Tamilnadu
Office of the Accountant General
Teynampet
Chennai. 600 018
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15100 of 2019
S.M.SUBRAMANIAM,J.
RR
W.P.(MD)No.15100 of 2021
09.03.2022
https://www.mhc.tn.gov.in/judis
