G.Balasundaram v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.Nos.14491, 14495, 14498, 14502 & 14504/2021 & WMP.No.15377/2021 [Video Conferencing] G.Balasundaram .. Petitioner in WP.No.14491/2021 N.Serielraj .. Petitioner in WP.No.14495/2021 C.Durairaj .. Petitioner in WP.No.14498/2021 K.Backiyasamy .. Petitioner in WP.No.14502/2021 K.Muthu .. Petitioner in WP.No.14504/2021 Vs.
1. The State of Tamil Nadu repby its Secretary to Government Environment & Forest Department Fort St George, chennai-9.
2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.
...1st and 2nd Respondent in all WPs.
3. The District Forest Officer, Nilgiri Forest Division, Udhagamandalam, The Nilgiris District.
...3rd Respondent in WP.14491/21 The District Forest Officer Thanjavur Forest Division Pillayapatti, Thanjavur District.
... 3rd Respondent in Wp.14495/21 The District Forest Officer and Tirunelveli Forest Division, Tirunelveli, Tirunelveli District.
...3rd Respondent in Wp.14498/21 and Wp.14502/21.
The District Forest Officer cum Aubasamudram Tiger Reserve, Aubasamudram, Tirunelveli District.
...3rd Respondent in Wp.14504/21.
4. The Principal Accountant General of Tamil Nadu, Teynampet Chennai - 18.
..4th Respondents in all Writ Petitions Prayer in WP.No.14491/2021:- Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the 1 to 3 respondents to consider petitioner's representation dated 01.10.2020 with regard to count the petitioner's service in file as Qualifying service by absorbing as supernumerary watcher service on completion of ten years notionally from 01.08.1996 to till the date of retirement on 31.03.2020 similar to junior in the light of G.O.Ms.No.22 P&AR Department dated 28.02.2006 and the order made by the District Educational Officer, Paramakudi in Na.Ka.No.2648/A1/2008 dated 30.04.2012 along with the half of contingencies service paid from 01.08.1986 to 31.07.1996 for the purpose of old pension and to send pension proposal to the 4th respondent to authorise the same with all consequential arrear benefits with interest as per the pension rule within time frame as fixed by this Court.
Prayer in WP.No.14495/2021:- Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the 1 to 3 respondents to consider petitioner's representation dated 31.03.2021 with regard to count the petitioner's service in full as qualifying service by absorbing as Supernumerary Watcher service on completion of ten years notionally from 01.07.2001 to till the date of retirement on 28.02.2021 similar to junior in the light of G.O.Ms.No.22 P and AR Department dated 28/02/2006 and the order made by the District Educational Officer, Paramakudi in Na.Ka.No.2648/A1/2008 dated 30.04.2012 along with the half of contingencies service paid from 01.07.1991 to 30.06.2001 for the purpose of old pension and to send pension proposal to the 4th respondent to authorise the same with all consequential arrear benefits with interest as per the pension rule within time frame as fixed by this Court.
Prayer in WP.No.14498/2021:- Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the 1 to 3 respondents to consider
petitioner's representation dated 23.04.2021 with regard to count the petitioner's service in full as qualifying service by absorbing as Supernumerary Watcher service on completion of ten years notionally from 28.07.1997 to till the date of retirement on 31.05.2021 similar to junior in the light of G.O.Ms.No.22 P&AR Department dated 28.02.2006 and the order made by the District Educational Officer, Paramakudi in Na.Ka.No.2648/A1/2008 dated 30.04.2012 along with the half of contingencies service paid from 28.07.1987 to 27.07.1997 for the purpose of old pension and to send pension proposal to the 4th respondent to authorise the same with all consequential arrear benefits with interest as per the pension rule within time frame as fixed by this Court.
Prayer in WP.No.14502/2021:- Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the 1 to 3 respondents to consider petitioner's representation dated 23.04.2021 with regard to count the petitioner's service in full as qualifying service by absorbing as Supernumerary Watcher service on completion of ten years notionally from 28.07.1997 to till the date of retirement on 31.12.2021 similar to junior in the light of G.O.Ms.No.22 P&AR Department dated 28.02.2006 and the order made by the District Educational Officer, Paramakudi in Na.Ka.No.2648/A1/2008 dated 30.04.2012 along with the half of contingencies service paid from 28.07.1987 to 27.07.1997 for the purpose of old pension and to send pension proposal to the 4th respondent to authorise the same with all consequential arrear benefits with interest as per the pension rule within time frame as fixed by this Court.
Prayer in WP.No.14504/2021:- Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the 1 to 3 respondents to consider petitioner's representation dated 16.06.2021 with regard to count the petitioner's service in full as qualifying service by absorbing as Supernumerary Watcher service on completion of ten years notionally from 01.04.2001 to till the date of retirement on 30.04.2021 similar to junior in the light of G.O.Ms.No.22 P&AR Department dated 28.02.2006 and the order made by the District Educational Officer, Paramakudi in Na.Ka.No.2648/A1/2008 dated 30.04.2012 along with the half of contingencies service paid from 01.04.1991 to 31.03.2001 for the purpose of old pension and to send pension proposal to the 4th respondent to authorise the same with all consequential arrear benefits with interest as per the pension rule within time frame as fixed by this Court.
For Petitioners in all WPs :
Mr.I.Kanna Patel For Respondents in all WPs : Mr.C.Kathiravan Government Advocate COMMON ORDER 1.
By consent, these writ petitions are taken up for final disposal and are disposed of by this common order. 2.
Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the respondents.
3.
The petitioners have filed the present writ petitions seeking for issuance of a writ of mandamus, directing the respondents to count the petitioners' service in full as qualifying service on completion of ten years notionally till the date of their retirement from service, by considering their representations dated 01.10.2020 ; 31.03.2021 ; 23.04.2021 ; 23.04.2021 and 16.06.2021 respectively.
4.
This Court heard the submissions of the learned counsel for the petitioners and the learned Government Advocate appearing for the respondents and perused the materials placed.
5.
This Court, considering the limited scope of prayer sought for by the petitioners and without going into the merits of the claim made by them either in these writ petitions or in their respective representations, directs the respondents 1 to 3 to consider and dispose of the petitioners' representations dated 01.10.2020 ; 31.03.2021 ; 23.04.2021 ; 23.04.2021 and 16.06.2021 on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners herein.
6.
The writ petition stands disposed of accordingly. No costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar
AP To
1. The Secretary to Government State of Tamil Nadu Environment & Forest Department Fort St George, chennai-9.
2. The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.
3. The District Forest Officer, Nilgiri Forest Division, Udhagamandalam, The Nilgiris District.
4. The Principal Accountant General of Tamil Nadu, Teynampet Chennai - 18.
5. The District Forest Officer, Thanjavur Forest Division, Pillayapatti, Thanjavur District.
6.The District Forest Officer and Tirunelveli Forest Division, Tirunelveli, Tirunelveli District.
7.The District Forest Officer cum Aubasamudram Tiger Reserve, Aubasamudram, Tirunelveli District.
+5 Ccs to Mr.I.Kanna Patel , Advocate, Sr 33667, 33666, 33663, 33664, 33665.
+5 Ccs to Special Government Pleader, Sr 34111, 34110, 34109, 34108, 34096.
WP.Nos.14491, 14495, 14498, 14502 & 14504/2021 RK(CO) LS(13/08/2021)