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The Government Of Tamil Nadu vs C.Vaiyapuri
2023 Latest Caselaw 9254 Mad

Citation : 2023 Latest Caselaw 9254 Mad
Judgement Date : 31 July, 2023

Madras High Court
The Government Of Tamil Nadu vs C.Vaiyapuri on 31 July, 2023
                                                                    W.A.Nos.67, 68, 86, 87 and 88 of 2015

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 31.07.2023

                                                     CORAM :

                                  THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
                                                     and
                                  THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                       W.A.Nos.67, 68, 86, 87 and 88 of 2015
                                        and M.P.Nos.1,1,1,1 and 1 of 2015

                W.A.Nos.67 and 68 of 2015

                1.The Government of Tamil Nadu
                  rep.by Secretary to Government
                  Forest and Environment Department
                  Fort St.George, Chennai 600 009.

                2.The Principal Chief Conservator of Forests
                  having Office at Panagal Maaligai, Saidapet
                  Chennai 600 015.

                3.The District Forest Officer
                  Vellore District.

                4.The Accountant General of Tamil Nadu
                  Office at DMS Compound, Teynampet
                  Chennai - 600 018.

                5.Government of Tamil Nadu
                  Rep.by its Secretary
                  Finance Department, Fort St.George
                  Chennai - 600 009.                            .. Appellants in both the W.As

                                                        -Vs-

                C.Vaiyapuri                                     ... Respondent in W.A.No.67/2015
                N.Vilvanathan                                   ... Respondent in W.A.No.68/2015


                Common Prayer : Writ Appeals under Clause 15 of the Letters Patent against the
                order in W.P.Nos.6044 and 6056 of 2014 dated 28.02.2014.

https://www.mhc.tn.gov.in/judis
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                                                                     W.A.Nos.67, 68, 86, 87 and 88 of 2015

                W.A.Nos.86 and 87 of 2015

                1.The Government of Tamil Nadu
                  rep.by Secretary to Government
                  Forest and Environment Department
                  Fort St.George, Chennai 600 009.

                2.The Principal Chief Conservator of Forests
                  having Office at Panagal Maaligai, Saidapet
                  Chennai 600 015.

                3.The District Forest Officer, Social Forestry
                  Division, Vellore District.

                4.The Accountant General of Tamil Nadu
                  Office at DMS Compound, Teynampet
                  Chennai - 600 018.                             .. Appellants in both the W.As

                                                          -Vs-

                Banu                                             ... Respondent in W.A.No.86/2015
                Manjula                                          ... Respondent in W.A.No.87/2015


                Common Prayer : Writ Appeals under Clause 15 of the Letters Patent against the
                order in W.P.Nos.18264 and 23018 of 2014 dated 05.08.2014 and 26.08.2014
                respectively.


                W.A.No.88 of 2015

                1.The Government of Tamil Nadu
                  rep.by Secretary to Government
                  Forest and Environment Department
                  Fort St.George, Chennai 600 009.

                2.The Principal Chief Conservator of Forests
                  having Office at Panagal Maaligai, Saidapet
                  Chennai 600 015.

                3.The District Forest Officer, Social Forestry
                  Division, Vellore District.                                  .. Appellants

                                                          -Vs-
https://www.mhc.tn.gov.in/judis
                                                           2/5
                                                                     W.A.Nos.67, 68, 86, 87 and 88 of 2015


                M.Mani                                                   ....   Respondent


                Common Prayer : Writ Appeals under Clause 15 of the Letters Patent against the
                order in W.P.No.19652 of 2014 dated 11.08.2014
                                                     In all W.As.


                          For Appellants     :     Mr.Vadivelu Deenadayalan
                                                   Additional Government Pleader
                          For Respondents    :     Not ready in notice


                                            COMMON         JUDGMENT
                            (Judgment of the Court was delivered by K. KUMARESH BABU, J.)



                          The private respondents in these intra Court appeals had approached this

                Court seeking for a Mandamus to direct the respondents to count 50% of the service

                rendered by them prior to the regularisation for the purpose of grant of pensionary

                benefits.



                          2. When these writ appeals were taken up, the learned Judge, following an

                order of the Division Bench of this Court made in W.A.Nos.27 and 28 of 2012 dated

                13.02.2012, which had been confirmed by the Hon'ble Apex Court, had allowed the

                writ petitions and had issued directions to pass orders within a period of twelve

                weeks.




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                                                          3/5
                                                                      W.A.Nos.67, 68, 86, 87 and 88 of 2015

                          3. It is submitted that the learned Special Government Pleader that, in

                respect of three writ appeals viz., W.A.Nos.67, 86 and 87 of 2015, orders have been

                complied with and hence no further orders are required to be passed.



                          4. As regards the other writ appeals viz., W.A.Nos.68 and 88 of 2015 are

                concerned, since already the learned Judge had followed the order of the earlier

                Division Bench judgment, which has been confirmed by the Hon'ble Apex Court, we

                do not find any infirmity in the orders passed by the learned Single Judge. The

                appellants are directed to comply with the orders passed in the respective writ

                petitions within a period of eight weeks from the date of receipt of a copy of this

                order.



                          5. With the above observations, these writ appeals are disposed of. No costs.

                Consequently, connected miscellaneous petitions are closed.



                                                                        (R.S.K.,J..) (K.B.,J.)
                                                                                31.07.2023
                Index : Yes/No
                Internet : Yes/No
                KST




https://www.mhc.tn.gov.in/judis
                                                           4/5
                                        W.A.Nos.67, 68, 86, 87 and 88 of 2015


                                                 R.SURESH KUMAR, J.

and K.KUMARESH BABU, J.

KST

W.A.Nos.67, 68, 86, 87 and 88 of 2015

31.07.2023

https://www.mhc.tn.gov.in/judis

 
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