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Madras High CourtWP/13721/2015allowed

A.Chandiranathan v. The Government Of Tamilnadu

2015-04-30Honourable Mr Justice D. Hariparanthaman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.13721 of 2015 A.Chandiranathan ... Petitioner vs.

1. The Government of Tamil Nadu, Rep. 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, Harur, Dharmapuri.

4. The Accountant General of Tamil Nadu, Office at D.M.S.Compound, 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 1 to 3 to count half of the service rendered by the petitioner as Plot Watcher on daily wage basis from 01.05.1983 till 16.10.2003 along with the regular service rendered by him as Forest Watcher and Forest Guard from 17.10.2003 till the date of his retirement namely 31.03.2015 as qualifying service, send the revised proposal to the fourth respondent, grant pension to the petitioner with all consequential monetary benefits.

* * * 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 was appointed as Plot Watcher on daily wage basis in the Forest Department on 01.05.1983. His services were regularised and he was brought into regular time scale of pay as Forest Watcher on 17.10.2003 after a period of 20 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 him as Plot Watcher on daily wage basis from 01.05.1983 till 16.10.2003 along with his regular service as Forest Watcher and Forest Guard from 17.10.2003 till the date of his retirement on 31.03.2015 as qualifying service and to send the revised proposal to the fourth respondent and grant pension to him.

3. According to the petitioner, he was not paid pension. Further, the grievance of the petitioner is that half of the service rendered by him as Plot Watcher on daily wage basis was not taken into account along with his regular service as Forest Watcher and Forest Guard from 17.10.2003 till the date of his retirement on 31.03.2015 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. In my detailed judgment in P.Chinniyan V. State of Tamil Nadu rep. by its Secretary to Government, Forest and Environment Department, Chennai - 600 009 and others reported in 2014 (6) MLJ 316, I have considered the issue at length and issued a direction to the respondents therein to counter half of the services of the petitioner therein before absorption along with the regular service for the purpose of pension.

7. I am of the view that the said judgments are directly on this issue. Non-regularisation of the petitioner for the decades together is not on his default.

8. In these circumstances, the writ petition is disposed of, directing the respondents 1 to 3 to count half of the service of the petitioner as Plot Watcher on daily wage basis along with his regular service as rendered as Forest Watcher and Forest Guard as qualifying service for the purpose of pension. No costs. gg -s/d- Assistant Registrar 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, Harur, Dharmapuri District.

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 24529 + 1 cc to Spl.Govt.Pleader (Forest) SR 24842 mg(co) prk27/5 Writ Petition No.13721 of 2015