K.M.Subramani v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30-10-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.34939 of 2015 1.K.M.Subramani 2.G.Duraisamy 3.S.Subramani 4.D.Raman 5.P.Kannappan 6.R.Periyasamy 7.U.Shanmugam 8.T.Jothi .. Petitioners vs 1.Government of Tamilnadu Rep. By its Secretary Environment and Forest Department Secretariat, Chennai 600 009 2.The Principal Chief Conservator of Forests Panagal Building Saidapet, Chennai 600 015 3.The Divisional Forest Officer Social Forestry Division Vellore 9 4.The Divisional Forest Officer Thirupattur Division Thirupattur 5.The Divisional Forest Officer Coimbatore Division Coimbatore 640 018 6.The Divisional Forest Officer Crash Plantation Division Karur 7.The Divisional Forest Officer Arur Division, Arur 8.The Principal Accountant General of Tamilnadu Office at Teynampet, Chennai 600 018 .. Respondents
Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 7 to count half of service rendered by the petitioners on daily wage basis along with regular service rendered by them, till their date of retirements so as to get pension and consequently, directing them to send revised pensionary proposals to the eighth respondent and directing the eighth respondent to pay pension to the petitioners with all consequential benefits.
For Petitioners : Mr.P.Ganapathy For Respondents : Mr.N.Inbanathan Government Advocate for RR1 to 7 Mr.V.Vijayashankar for R8
ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The deponent of the affidavit, who is the first petitioner, would state that the petitioners had joined the services of the Forest Department as Social Forestry Workers/Plot Watchers on daily wage basis, and their service details are as under:- S.
No.
Names Seniority Nos.
Date of Appointment Date of Regularisation Date of Retirement 1.
K.M.Subramani 13.10.1979 07.08.2009 28.01.2011 (Plot Watcher) 2.
G.Duraisamy 20.01.1983 07.08.2009 30.04.2013 (Plot Watcher) 3.
S.Subramani 01.08.1985 12.06.2013 30.06.2013 (Forest Watcher) 4.
D.Raman 01.11.1981 28.04.2004 30.06.2007 (Forest Watcher) 5.
P.Kannappan 19.03.1987 07.08.2009 31.05.2014 (Plot Watcher)
S.
No.
Names Seniority Nos.
Date of Appointment Date of Regularisation Date of Retirement 6.
R.Periyasamy 01.02.1983 07.08.2009 31.12.2014 (Plot Watcher) 7.
U.Shanmugam 01.03.1983 07.08.2009 31.10.2013 (Plot Watcher) 8.
T.Jothi 01.03.1985 07.08.2009 30.09.2014 (Plot Watcher) 3.It is the claim of the petitioners that they put in more than three decades of service and as per Rule 11(2) of the Tamil Nadu Pension Rules, 1978, while calculating qualifying service, half of the service rendered by them as daily wage workers, should be counted and though the services of the petitioners have been regularised, for the purpose of calculating pension, the said statutory provision has not been taken into consideration and in this regard, they had submitted representations dated 30.6.2007, 28.1.2011, 30.4.2013, 28.6.2013, 31.10.2013, 21.5.2014, 29.9.2014 and 30.12.2014 respectively, and since no orders have been passed, came forward to file this writ petition.
4.The Court heard the submissions of the learned Counsel appearing for the petitioners, Mr.N.Inbanathan, learned Government Advocate, who accepted notice on behalf of the respondents 1 to 7, and Mr.V.Vijayashankar, learned Standing Counsel, who accepted notice on behalf of the eighth respondent. 5.Though the petitioners prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the respondents 1 to 7 to consider the claim of the petitioners on merits and in accordance with law and pass orders thereon within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners. The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar nsv
To:
1.The Secretary to Government Environment and Forest Department Secretariat, Chennai 600 009 2.The Principal Chief Conservator of Forests Panagal Building Saidapet, Chennai 600 015 3.The Divisional Forest Officer Social Forestry Division Vellore 9 4.The Divisional Forest Officer Thirupattur Division Thirupattur 5.The Divisional Forest Officer Coimbatore Division Coimbatore 640 018 6.The Divisional Forest Officer Crash Plantation Division Karur 7.The Divisional Forest Officer Arur Division, Arur 8.The Principal Accountant General of Tamilnadu Office at Teynampet, Chennai 600 018 +1 cc to Special Government Pleader Forest sr.59939 W.P.No.34939 of 2015 mg(co) aa17/11/2015