P.K.Govarthanan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2015
CORAM:
THE HON'BLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.29111 of 2014 P.K.Govarthanan .. 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 and Head of the Department, Panagal Building, Saidapet, Chennai - 600 015.
3. The Forest Extension Officer, Forest Extension Center, Poondi, Thiruvallur.
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 on temporary basis from the date of joining, i.e., 16.10.1982 till date of regularization on 07.08.2009 along with the regular service rendered by him till the date of retirement on 31.07.2013 as qualifying service for the purpose of conferment of pension and to direct the respondents to send the pension proposal to the fourth respondent within time frame.
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 Social Forestry Worker from 16.10.1982 to 31.07.2007. Subsequently, he was posted at Forestry Extension Division, Trichy, on 01.08.2007 and his service was brought into regular time scale of pay with effect from 07.08.2009. He retired from service on 31.07.2013.
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. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gg
To
1. The Secretary to Government, Environment and Forest Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2. The Principal Chief Conservator of Forest and Head of the Department, Panagal Building, Saidapet, Chennai - 600 015.
3. The Forest Extension Officer, Forest Extension Center, Poondi, Thiruvallur.
4. The Principal Accountant General Tamil Nadu, Teynampet, Chennai - 600 018.
+ 1 cc to Mr.K. Jenitha, Advocate SR.35638 W.P.No.29111 of 2014 PUR(CO) EU 26.08.15