S.Subramani v. The District Forest Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY W.P.Nos.32621 & 32622 of 2013 W.P.No.32621 of 2013 S. Subramani ... Petitioner -Vs- Thiruppattur Division, Thiruppattur.

2. The Principal Chief Conservator of Forests,

3. The Accountant General of Tamil Nadu ... Respondents Prayer in W.P.No.32621 of 2013 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or Direction in the nature of writ, directing the respondents 1 & 2 to count 50% of the service of petitioner from 01.08.1985 till 01.06.2013 along with regular service from 02.06.2013 till the date of retirement on 30.06.2013 to sent Pension proposal to third respondent and direct the third respondents to pass appropriate order to sanction the pension and other benefits to the petitioner in the light of the implementation to similar order to similarly placed persons under the circumstances of the case.

For Petitioner : Mr.R.Margab Andhu For Respondents : Mr.G.Krishna Raja Addl. Government Pleader for R1 & R2 Mr.V.Vijay Shankar for R3 W.P.No.32622 of 2013 R. Veerappan ... Petitioner -Vs- Hosur Forest Division, Hosur.

2. The Principal Chief Conservator of Forests,

3. The Accountant General of Tamil Nadu ... Respondents Prayer in W.P.No.32622 of 2013 :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or Direction in the nature of writ, directing the respondents 1 & 2 to count 50% of the service of petitioner from 01.11.1984 till 28.12.2011 along with regular service from 29.12.2011 till the date of retirement on 31.08.2013 to sent Pension proposal to third respondent and direct the third respondents to pass appropriate order to sanction the pension and other benefits to the petitioner in the light of the implementation to similar order to similarly placed persons under the circumstances of the case.

For Petitioner : Mr.R.Margab Andhu For Respondents : Mr.G.Krishna Raja Addl. Government Pleader for R1 & R2 Mr.V.Vijay Shankar for R3 C O M M O N O R D E R The learned counsel appearing for the third respondent submitted that as a matter of fact 50% of the earlier services of the petitioner in W.P.No.32621 of 2013 has been taken into account and by an order dated 22.03.2017 pension has also been granted to the petitioner and nothing further remains for adjudication in this writ petition. Similarly in W.P.No.32622 of 2013 the petitioner has passed away, but, however, 50% of the services as prayed for in the writ petition has been taken into account and an order of grant of family pension dated 13.11.2017 has also been passed. Therefore, nothing remains for further adjudication in this writ petition also.

2. The learned counsel appearing for the third respondent had also produced the said orders dated 13.11.2017 & 22.03.2017. Therefore, nothing survives in these writ petitions and these writ petitions have become infructuous.

3. Recording the submissions made by the learned counsel appearing for the third respondent, these writ petitions are dismissed as infructuous. No costs.

27.02.2024 Index : Yes/No Speaking order/Non-speaking order dpq To Thiruppattur Division, Thiruppattur.

2. The District Forest Officer, Hosur Forest Division, Hosur.

3. The Principal Chief Conservator of Forests,

4. The Accountant General of Tamil Nadu

D. BHARATHA CHAKRAVARTHY , J.

dpq W.P.Nos.32621 & 32622 of 2013 27.02.2024