S.Suseela v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2015
CORAM:
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.11985 of 2015 S.Suseela
...Petitioner
Vs.
1.The Government of Tamil Nadu, Represented by its Secretary, Environment and Forest Department, Secretariat, Chennai-600 009 2.The Principal Chief Conservator of Forest, Having Office at Panagal Maaligai, Saidapet, Chennai-600 015.
3.The District Forest Officer, Tiruvannamalai [Sourth].
4.The Accountant General of Tamil Nadu, Office at D.M.S.Compound, Teynampet, Chennai-600 018 ... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus, directing the respondents 1 to 3 to count half of the service rendered by the petitioner's husband as Plot Watcher from 06.03.1981 to 30.03.2005 on daily wage basis along with his regular service as Forest Watcher and Forest Guard from 31.03.2005 to 23.11.2013, the date prior to his death on 23.11.2013, so as to enable the petitioner to get family pension and consequently direct the respondents 1 to 3 to send revised pensionary proposal to the fourth respondent, direct the fourth respondent to pay family pension to the petitioner with all consequential benefits within a specified period.
For Petitioner : Mr.S.Mani For Respondents : Mr.N.Inbanathan, Government Advocate (Forest)
O R D E R
With the consent of both sides, the Writ Petition itself is taken up for final disposal.
2. The petitioner's husband was appointed as Plot Watcher on daily wage basis in the Forest Department on 06.03.1981. His services were regularised vide order dated 27.05.2005 and was brought into regular time scale of pay as Forest Watcher on 31.03.2005 after a period of 24 years of long service. The petitioner has come up with this writ petition seeking for a direction to the respondents 1 to 3 to count half of the service rendered by her husband as Plot Watcher on daily wage basis from 06.03.1981 till 30.03.2005 along with his regular service as Forest Watcher and Forest Guard from 31.03.2005 to 22.11.2013 till the date of his death on 23.11.2013 as qualifying service and to send the revised proposal to the fourth respondent and grant family pension to the petitioner.
3. According to the petitioner, she was not paid family pension, since, her husband did not render 10 years of regular service in the respondent Department. Further, the grievance of the petitioner is that half of the service rendered by the husband of the petitoner as Plot Watcher on daily wage basis was not taken into account along with his regular service as Forest Watcher and Forest Guard from 31.03.2005 till the date of his death as qualifying service.
4. As per Rule 11(2) of the Tamil Nadu Pension Rules, 1978, 50% of the contingency services will be taken into account for the purpose of pension, if the employee is subsequently absorbed in regular service. This Court had passed various orders on the above lines, and one such order was made in W.P.No.33732 of 2014 dated 19.12.2014 [R.Yuvaraj v. Government of Tamil Nadu, Rep. by Secretary to Government], wherein, this Court directed the respondents therein to count half of the service of the petitioner therein as Casual Labourer along with regular service for the purpose of pension. The order dated 19.12.2014 in the said W.P.No.33732 of 2014 is implemented by the Tamil Nadu Veterinary and Animal Sciences University by order dated 24.02.2015.
5. The learned counsel for the petitioner relied on a decision of this Court in W.P.No.8205 of 2011 dated 19.04.2011 [M.Gopal Vs. Government of Tamil Nadu, Rep. by Secretary to Government], which decision was confirmed by a Division Bench of this Court in W.A.No.27 and 28 of 2012 dated 13.02.2012 [Government of Tamil Nadu, Rep. By its Secretary to Govt., Vs. M.Gopal].
6. I am of the view that the said judgment is directly on this issue. Non-regularisation of the husband of the petitioner for the decades together is not on his default.
7. In these circumstances, the writ petition is disposed of, directing the respondents 1 to 3 to count half of the service of the petitioner's husband as Plot Watcher on daily wage basis along with
his regular service rendered as Forest Watcher and Forest Guard as qualifying service for the purpose of pension. No costs. gya/rg s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To 1.The Secretary Environment and Forest Department Secretariat, Chennai-600 009 2.The Principal Chief Conservator of Forest Having Office at Panagal Maaligai Saidapet, Chennai-600 015 3.The District Forest Officer, Tiruvannamalai [Sourth].
4.The Accountant General of Tamil Nadu Office at D.M.S.Compound Teynampet Chennai-600 018 + 1 cc to Mr.S.Mani, Advocate SR 23555 + 1 cc to Spl.Govt.Pleader SR 22779 mg(co) prk26/5 Writ Petition No.11985 of 2015