K.Dharmavalli v. The State Of Tamil Nadu, Rep.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2015
CORAM:
THE HON'BLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.22408 of 2015 K.Dharmavalli
...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 Forests, Panagal Building, Saidapet, Chennai - 600 015.
3. The Forestry Extension Officer, Forestry Extension Center, Nanmangalam, Chennai - 100.
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's husband as Plot Watcher from 10.07.1981 to 31.07.2007 along with the regular service from 03.08.2007 till his retirement on 31.01.2013 as qualifying service for the purpose of conferment of pension and to direct the respondents to send 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, her husband was appointed as Plot Watcher on 10.07.1981 and he was regularised as Mali on 01.08.2007. He retired from service on 31.01.2013. He died on 26.06.2015.
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, family 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 pension, 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.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gg 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 Panagal Building, Saidapet, Chennai - 600 015.
3. The Forestry Extension Officer, Forestry Extension Center, Nanmangalam, Chennai - 100.
4. The Principal Accountant General of Tamil Nadu, Teynampet, Chennai - 600 018.
1 CC to Spl. Government Pleader (Fores), SR.No. 37912 W.P.No.22408 of 2015 AK (CO) PSI (31.08.2015)