Tamilnadu Forest Plantation Corporation Limited v. Tamilnadu Forest Plantation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.SURENDER and C.M.P.No.9849 of 2022 Tamil Nadu Forest Plantation Corporation Limited, (TAFCORN) Karur Main Road, Mallachipuram, Kambarasampettai, Tiruchy - 620 101.

...Appellant Vs.

1.The Tamil Nadu Plantation Corporation Retired Employees Welfare Association, (Regd.No.241/2010) Rep. by its President M.Palaniswamy, Babichettipatti, Kanchanayagampatti Post, Omalur Taluk, Salem District.

Amended as T.Ramu (as per order dated 12.04.2017 in W.P.No.

30104/2011 and M.P.Nos.1 & 2 of 2011.) 2.The Principal Secretary to Government, Environment, Climate Change and Forests Department, (Erstwhile Environment and Forests Department), 1/6

3.The Secretary to Government, Finance (BPE) Department, [Respondents 2 & 3 are shown as Formal respondents and no relief is sought against them]

...Respondents

PRAYER : The Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 25.04.2017 made in W.P.No.30104 of 2011. For Appellant : Mr.R.Neelakandan Addl. Advocate General assisted by Dr.T.Seenivasan, Spl. Govt. Pleader For Respondents : Mr.Sai Pragadeesh. R for M/s.K.V.Subramanian Associates for R1 Dr.S.Suriya, Addl. Govt. Pleader for R2 & R3 ***********

J U D G M E N T

(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) The present intra-Court appeal has been preferred by the State to assail the writ order dated 25.04.2017 passed in W.P.No.30104 of 2011. 2/6

2. The Writ Petition has been filed by the Association seeking disbursement of final settlement of VI Pay commission arrears and desist from making any recovery from the members of the Association.

3. The Writ Court passed the following orders:-

6. Considering the submissions made by the learned counsel for both sides and the aforesaid judgment of the Division Bench of this Court dated 29.06.2016, the impugned orders passed by the 1st respondent in Lr.No.19976/FR.8/10-3 Enviornment & Forests Department dated 08.03.2011 and the 3rd respondent in Ref.No.10288/2010(A3) dated 25.03.2011 are set aside. The present Writ Petition is allowed, with a direction to the 3rd respondent to pass appropriate orders, in the light of the judgment of the Division Bench of this Court dated 29.06.2016, in W.A.Nos.1352/2015, 1035/2015, 292/2016 and 293/2016. The petitioner is at liberty to approach the 3rd respondent, by making fresh representation, claiming the other benefits applicable to him. If any representation is received by the 3rd respondent, it is open to him to consider the same, as per law, as expeditiously as possible. Consequently, the connected Miscellaneous Petitions are closed. No costs.

4. Mr.R.Neelakandan, learned Additional Advocate General appearing on behalf of the State would mainly contend that the writ Court directed the appellant herein to consider the representation submitted by the members of the Association in the light of the order of the Division Bench dated 29.06.2016 3/6

passed in W.A.No.1035 of 2015. However, the said Writ Appeal order has been stayed by the Hon'ble Supreme Court of India in SLP(C)..CC Nos.23510-23513/2016 dated 02.12.2016. He would submit that the said Special Leave Petition is pending.

5. In view of the said factum and considering the fact that the writ Court has directed the appellant to consider the representation, subject to the final orders to be passed by the Hon'ble Supreme Court of India in pending Special Leave Petition, the same is to be implemented in respect of the members of the Association, who all are employees of the appellant Corporation.

6. Recording the said factum, this Writ Appeal is disposed of. No costs. No costs. Consequently, the connected miscellaneous petition stands closed.

(S.M.S., J.) (K.S., J.) 05.03.2026 dsa Index :Yes/No :Yes/No Speaking/Non-speaking order 4/6

To 1.Tamil Nadu Forest Plantation Corporation Limited, (TAFCORN) Karur Main Road, Mallachipuram, Kambarasampettai, Tiruchy - 620 101.

2.T.Ramu The Tamil Nadu Plantation Corporation Retired Employees Welfare Association, Rep. by its President M.Palaniswamy, Babichettipatti, Kanchanayagampatti Post, Omalur Taluk, Salem District.

3.The Principal Secretary to Government, Environment, Climate Change and Forests Department, (Erstwhile Environment and Forests Department), 4.The Secretary to Government, Finance (BPE) Department, 5/6

S.M.SUBRAMANIAM, J.

and K.SURENDER, J.

dsa 05.03.2026 6/6