M.Raman v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2015
CORAM:
THE HON'BLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.16766 of 2015 M.Raman .. Petitioner vs.
1. The State of Tamil Nadu, rep. by its Secretary to Government, Environment and Forest Department, Fort St. George, Chennai - 9.
2. The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai - 15.
3. The Divisional Forest Officer, Social Forestry Division, J.K.Nagar, Trichy-23.
4. The Principal Accountant General of Tamilnadu, Teynampet, Chennai - 18.
.. 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 the half of service rendered by the petitioner as Plot Watcher on daily wages basis from 01.03.1983 till 06.08.2009 along with regular service as Plot Watcher (Supernumerary Post) from 07.08.2009 till the date of retirement on 31.05.2015 as qualifying service and to send the revised pension proposal to the fourth respondent to grant pension with all consequential monetary benefits.
For Petitioner :
Ms.K.Jenitha For Respondents :
Mr.N.Inbanathan, Govt. Advocate (Forests) for RR 1 to 3 Mr.Vijayashankar for R4
O R D E R
Heard both sides.
2. The petitioner joined service as Social Forestry Worker on 01.03.1983. Subsequently, he was regularized as Plot Watcher (Supernumerary Post) on 07.08.2009. He retired from service on 31.05.2015.
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 the decision of the Hon'ble 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 Hon'ble 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, reported in (2014) 6 MLJ 316.
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 authorization before the fourth respondent, within a period of eight weeks from the date of receipt of a copy of this order and the fourht respondent is directed to authorise the same within a period of two weeks thereafter. No costs.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar gg To
1. The Principal Secretary to Government, Forest and Environment Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai - 15.
3. The Divisional Forest Officer, Social Forestry Division, J.K.Nagar, Trichy-23.
4. The Principal Accountant General of Tamilnadu, Teynampet, Chennai - 18.
1 cc to M/s.K. Jenitha, Advocate, Sr. 28758 1 cc to Special Government Pleader,(Forest), Sr. 28895 W.P.No.16766 of 2015 KGK (CO) kk 3/7