M.Muthurakku, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2015
CORAM:
THE HON'BLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.20419 of 2015 M.Muthurakku .. Petitioner vs.
1. The State of Tamil Nadu, rep. by its Secretary to Government, Environment and Forest Department, Fort St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 600 015.
3. The Wild Life Warden, Wild Life Division, Grizzled Squirrel Sanctuary, Pillayarnatham, Srivillipurthur, Virudhunagar District.
4. The Principal Accountant General of Tamil Nadu, 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 from 05.04.1981 to 23.09.2003 along with the regular service rendered as Forest Watcher till the retirement on 31.03.2013 as qualifying service for the purpose of conferment of pension and to direct the respondents to send the pension proposal to the fourth respondent.
* * * 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. According to the petitioner, he served as Plot Watcher from 05.04.1981 to 23.09.2003. He was appointed in regular time scale of pay as Forest Watcher with effect from 24.09.2003. He retired from service on 31.03.2013.
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. 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 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 fourth respondent is directed to authorize the same within a period of two weeks thereafter. No costs. -s/dAssistant Registrar 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 and Head of Forest Force, Panagal Building, Saidapet, Chennai - 600 015.
3. The Wild Life Warden, Wild Life Division, Grizzled Squirrel Sanctuary, Pillayarnatham, Srivillipurthur, Virudhunagar District.
4. The Principal Accountant General (A&E), Tamil Nadu, Teynampet, Chennai - 600 018.
+1 cc to Special Government Pleader sr.35747 +1 cc to M/s.K.Jenitha Advocate sr.35642 W.P.No.20419 of 2015 aa28/08/2015