K.Mathiazhgan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2016

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.Nos.26789 to 26792 of 2016 W.P.No.26789/2016 K.Mathiazhgan S/o.Kulanthaivelu petitioner as Plot Watcher from 01.03.1982 to 24.01.1995 on

W.P.No.26790/2016 A.Vincent Joseph S/o.Arokiyam petitioner as Plot Watcher from 20.12.1982 to 24.01.1995 on till the date of retirement on 30.04.2015 as qualifying service W.P.No.26791/2016 P.Durairaj S/o.Ponnambalam

petitioner as Plot Watcher from 08.11.1981 to 24.01.1995 on W.P.No.26792/2016 U.Vellaikannu S/o.Ulagan Ambalam

petitioner as Plot Watcher from 01.04.1981 to 24.01.1995 on For Petitioner in all WPs :

Ms.K.Jenitha For Respondents in all WPs :

Mr.N.Inbanathan, G.A., for R1 to R3 Mr.Vijayashankar, for R4 COMMON ORDER Heard Ms.K.Jenitha, learned counsel appearing for the petitioner. Notice to the respondents 1 to 3 is accepted by Mr.N.Inbanathan, learned Government Advocate and notice to the 4th respondent is accepted by Mr.Vijayashankar, learned standing counsel.

2.In these writ petitions, the petitioners seeks for a direction upon the respondents 1 to 3 to count the half of service rendered by them as Plot Watcher on temporary basis along with the regular service from 25.01.1995 till the date of their retirement, so as to enable them to receive pension as they would have completed the required 10 years of qualifying service.

3.The learned counsel for the petitioner elaborately referred to the various writ petitions which were filed in this

regard and the orders passed by this Court as well as the Tamil Nadu State Administrative Tribunal. However, for the purpose of disposal of these writ petitions, those facts need not be gone into as the petitioners seeks for a limited relief to consider the representation submitted by them for counting half of the temporary service. The petitioners have restricted their prayer though they have sought for a larger relief in the writ petition.

4.Thus, taking into consideration the facts and circumstances of the case and that the petitioners seek only for consideration of their representations, there will be a direction to the second respondent to consider the representation submitted by the petitioners on merits and in accordance with law and also take into consideration the enclosures along with the representation which are the certificates issued by the concerned District Forest Officer, certifying the temporary service of the petitioners. The above direction be complied with within a period of eight weeks from the date of receipt of a copy of this order.

5.These writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pgp To 1.The Secretary to Government The State of Tamil Nadu

4 CCS to M/s.K.Jenitha, Advocate, sr.43738, 34737, 43736, 43735 1 cc to Special Government Pleader (Forest), sr.43808 W.P.Nos.26789 to 26792 of 2016 rsy co kra 24.08.2016