P.Saratha v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2015

CORAM:

THE HON'BLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.19736 of 2015 P.Saratha .. 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, Panagal Building, Saidapet, Chennai - 600 015.

3. The District Forest Officer, Vellore.

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 01.12.1980 till 06.05.2003 on daily wage basis along with his regular service rendered 07.05.2003 till 16.03.2015, the date prior to his death on 174.03.2015 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 within a specified period. * * * For Petitioner :Mr.S.Mani 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. According to the petitioner, her husband Late A.Perumal served as Plot Watcher on daily wage basis from 01.12.1980 to 06.05.2003. Subsequently, he was brought to regular scale as Forest Watcher on 07.05.2003. He died on 30.04.2014, while in service.

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. The petitioner 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's husband before regularization along with the service rendered after regularization for the purpose of family 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 fourth respondent is directed to authorize the same within a period of two weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed. gg s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Principal Secretary, Environment and Forest Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 600 015.

3. The District Forest Officer, Vellore.

4. The Principal Accountant General (A&E), Tamil Nadu, Chennai - 600 018.

ug(co) prk4/9 W.P.No.19736 of 2015