K.Anandan, v. Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2015
CORAM:
THE HONOURABLE MR.JUSTICE D. HARIPARANTHAMAN W.P.NO.31725 OF 2014 K.Anandan ... Petitioner Vs.
1. Government of Tamil Nadu Rep. by its Principal Secretary to Government Forest and Environment Department Fort St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests Head of Forest Force No.1, Jeenis Road, Panagal Building, Saidapet, Chennai - 600 015.
3. The District Forest Officer Interfaced Forestry Division (IFF) Krishnagiri, Krishnagiri District.
4. The District Forest Officer Hosur Forest Division Hosur, Krishnagiri District.
5. The Accountant General of Tamil Nadu Office of the Accountant General Anna Salai, Teynampet, Chennai - 600 018.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the respondents to count half of the service rendered by the petitioner as Plot Watcher from 01.12.1985 to till 06.08.2009 along with regular service rendered by the petitioner as Forest Watcher in the regular post from
07.08.2009 to 31.05.2014 as qualifying service for pensionary benefits and send the proposal to the fifth respondent for grant of pension with all consequential monetary benefits. For Petitioner :
Mr.M.R.Jothimanian For Respondents 1-4 :
Mr.N.Inbanathan Government Advocate (Forests) For Respondent 5 :
Mr.V.Vijaya Shankar
O R D E R
Heard both sides. Mr.N.Inbanathan, learned Government Advocate (Forests) takes notice for the respondents 1 to 4 and Mr.V.Vijaya Shankar, learned counsel takes notice for the fifth respondent. By consent of both the parties, the writ petition is taken up for final disposal.
2.The petitioner was appointed as Plot Watcher on 01.12.1985 in the Forest Department on daily wage basis. Thereafter, he was regularised in service as Plot Watcher on 07.08.2009. He was promoted as Forest Watcher on 02.12.2013. He retired from service on 31.05.2014.
3.The grievance of the petitioner is that 50% of the services rendered by him prior to regularisation is not taken into account for the purpose of pension and other benefits as per Rule 11
(2) of the Tamil Nadu Pension Rules. He has relied on a decision of the Division Bench of this Court in W.A.NOS.27 AND 28 OF 2012 DATED 13.02.2012 (GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT VS. M.GOPAL) which was confirmed by the Honourable Apex Court in SLP Nos.14838-14839 of 2012 on 10.05.2012. The Government implemented the same in G.O.Ms.No.183, Environment and Forests (FR-2) Department, dated 18.07.2012. Further, I have also passed an order in detail to count 50% of service rendered before regularisation in the case of P.CHINNIYAN VS. STATE OF TAMIL NADU [2014 (6) MLJ 316]. In this regard, the petitioner also made a representation dated 05.06.2014 to the respondents 1 and 2.
4.In these circumstances, the writ petition is disposed of directing the first respondent to count 50% of service rendered by the petitioner before regularization along with the service rendered after regularization for the purpose of pension and other terminal benefits in the light of Rule 11(2) of the Tamil Nadu Pension Rules and also the judgments, referred to above and submit proposal for the
terminal benefits for authorisation before the fifth respondent, within a period of twelve weeks from the date of receipt of a copy of this order and the fifth respondent is directed to authorise the same within a period of two weeks thereafter. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar TK To
1. The Principal Secretary to Government Government of Tamil Nadu Forest and Environment Department Fort St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests Head of Forest Force No.1, Jeenis Road, Panagal Building, Saidapet, Chennai - 600 015.
3. The District Forest Officer Interfaced Forestry Division (IFF) Krishnagiri, Krishnagiri District.
4. The District Forest Officer Hosur Forest Division Hosur, Krishnagiri District.
5. The Accountant General of Tamil Nadu Office of the Accountant General Anna Salai, Teynampet, Chennai - 600 018.
+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.32050 W.P.NO.31725 OF 2014 SCD(CO) CA(09/07/2015)