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Madras High CourtWP/2258/2021disposed of

B.Marimuthu v. The Principal Chief Conservator Of Forest,

2021-02-08Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P. No.2258 of 2021 B.Marimuthu

...Petitioner

vs.

1.The Principal Chief Conservator of Forest having office at Panagal Maligai Saidapet, Chennai - 600 015 2.The District Forest Officer Thiruvarur 3.The Accountant General of Tamil Nadu Office at DMS Compound Teynampet, Chennai - 600 018

...Respondents

**** Writ petition filed under Article 226 of the Constitution of India for a writ of mandamus directing the respondents to count half of the service rendered by the petitioner as Plot Watcher on daily wages basis from 01.12.1984 to 01.02.1995 along with the regular service rendered by him from 02.02.1995 to till the date of his retirement, namely 31.01.2020 as qualifying service in accordance with rule 11(4) of Tamil Nadu Pension Rules, 1978 and to send the revised proposal to the third respondent, grant pension to the petitioner with all consequential monetary benefits and pass orders thereon within a time frame.

**** For Petitioner :

Mr.T.Sellapandian For Respondents :

Mr.M.Ezhumalai, Additional Govt. Pleader

O R D E R

The petitioner has come forward with the present writ petition for a direction to the respondents to count half of the service rendered by him as Plot Watcher on daily wages basis from 01.12.1984 to 01.02.1995 along with the regular service rendered by him from 02.02.1995 to till the date of his retirement, namely 31.01.2020 as qualifying service in accordance with rule 11(4) of Tamil Nadu Pension Rules, 1978 and to send the revised proposal to the third respondent, to grant https://hcservices.ecourts.gov.in/hcservices/

pension to the petitioner with all consequential monetary benefits and pass orders thereon within a time frame.

2. When the matter was taken up for hearing, it is represented by the learned counsel for the petitioner as well as the learned Additional Government Pleader, representing the respondents that this matter is covered by the Full Bench decision of this court in Government of Tamil Nadu vs. R.Kaliyamoorthy reported in 2019 (6) CTC 705. In view of the same, the benefits of the decision of the Full Bench of this court, shall be extended to the petitioner, if it is otherwise applicable to him.

3. With the above direction, the writ petition is disposed of. However, there shall be no order as to cost. -s/dAssistant Registrar True Copy Sub-Assistant Registrar asr To 1.The Principal Chief Conservator of Forest having office at Panagal Maligai Saidapet, Chennai - 600 015 2.The District Forest Officer Thiruvarur 3.The Accountant General of Tamil Nadu Office at DMS Compound Teynampet, Chennai - 600 018 +1 cc to Mr.Mani Advocate sr6885 +1 cc to Special Government Pleader(forest) sr6860 W.P. No.2258 of 2021 mg(co) aa10/03/2021 https://hcservices.ecourts.gov.in/hcservices/