N.Suseela v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE D. HARIPARANTHAMAN W.P.NO.17506 OF 2015 N.Suseela ..

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 Coimbatore.

4.The Accountant General of Tamil Nadu Office at DMS 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's husband from July 1983 to 21.12.2003 on daily wage basis along with his regular service from 22.12.2003 till 07.08.2011, the date prior to his death on 07.08.2011, so as to enable the petitioner to get family pension and consequently direct the respondents 1 to 3 to send revised pensionary proposal to the fourth respondent, direct the fourth respondent to pay family pension to the petitioner with all consequential benefits.

For Petitioner :

Mr.S.Mani For Respondents 1-3 :

Mr.N.Inbanathan Government Advocate (Forests) For Respondent 4 :

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 3 and Mr.V.Vijaya Shankar, learned counsel takes notice for the fourth respondent. By consent of both the parties, the writ petition is taken up for final disposal.

2.The petitioner's husband was appointed as Plot Watcher during July 1983 in the Forest Department on daily wage basis. Thereafter, he was regularised in service as Forest Watcher on 22.12.2003. He died on 07.08.2011.

3.The grievance of the petitioner is that 50% of the services rendered by her husband 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. She 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 04.04.2014 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's husband 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 fourth respondent, within a period of twelve weeks from the date of receipt of a copy of this order and the fourth respondent is directed to authorise the same within a period of two weeks thereafter. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar TK

To 1.The Secretary Government of Tamil Nadu 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 Coimbatore.

4.The Accountant General of Tamil Nadu Office at DMS Compound, Teynampet, Chennai - 600 018.

+1cc to M/s. Mani, Advocate, S.R.No.30199 +1cc to the Government Pleader, S.R.No.30109 GP(CO) EU(20/07/2015) W.P.NO.17506 OF 2015