P.Sivalingam v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.08.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.29292 and 29293 of 2016 P.Sivalingam .. Petitioner [in W.P.No.29292 of 2016] C.Subramanian .. Petitioner [in W.P.No.29293 of 2016] 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, Panagal Building, Saidapet, Chennai - 600 015. .. Respondents 1 & 2 [in both W.Ps.] 3.The Assistant Conservator of Forests, Industrial Wood Research Division, Mukkombu, Trichy.

..3rd Respondent [in W.P.No.29292 of 2016] 3.The District Forest Officer, Kallakurichi Forestry Division, Kallakurichi.

..3rd Respondent [in W.P.No.29293 of 2016] 4.The Principal Accountant General of Tamil Nadu, Teynampet, Chennai - 600 018. .. 4th Respondent [in both W.Ps.] COMMON PRAYER : Writ Petitions have been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1 to 3 respondents to count the half of service rendered by the petitioners as Plot Watcher from 01.09.1979 to 09.04.2009; 01.08.1981 to 06.08.2009 on temporary basis along with the regular service from 10.04.2009; 07.08.2009 till the date of retirement on 31.07.2016; 30.11.2016 respectively as qualifying service for the purpose of conferment of pension and to direct the respondents to send pension proposal to the fourth

respondent for grant of pension with all consequential benefits within time frame.

For Petitioners : Ms.K.Jenitha [in both W.Ps.] For Respondents : Mr.M.Inbanathan [in both W.Ps.] Government Advocate C O M M O N O R D E R By consent, these Writ Petitions are taken up and disposed of at the stage of admission itself. 2.These Writ Petitions have been filed to issue a Writ of Mandamus, to direct the respondents 1 to 3 to count the half of service rendered by the petitioners as Plot Watchers from 01.09.1979 to 09.04.2009; 01.08.1981 to 06.08.2009 on temporary basis along with the regular service from 10.04.2009; 07.08.2009 till the date of retirement on 31.07.2016; 30.11.2016 respectively as qualifying service for the purpose of conferment of pension and to direct the respondents to send pension proposal to the fourth respondent for grant of pension with all consequential benefits.

3.The petitioners joined service as Social Forestry Watchers on 01.09.1979 and 01.08.1981. Subsequently, they were promoted as Mali on 09.04.2009 and 31.07.2007. They retired from service on 31.07.2016 and 30.11.2016 respectively. 4.The grievance of the petitioners is that 50% of the services rendered by them 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. They have 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, the Hon'ble single Judge of this Court has 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.

5.In these circumstances, the Writ Petitions are disposed of, directing the first respondent to count 50% of service rendered by the petitioners before regularisation along with the

service rendered after regularisation 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 authorise the same within a period of two weeks thereafter. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar sri To 1.The Secretary to Government, State of Tamil Nadu, Environment and Forest Department, Fort St.George, Chennai - 600 009.

2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 600 015.

3.The Assistant Conservator of Forests, Industrial Wood Research Division, Mukkombu, Trichy.

4.The District Forest Officer, Kallakurichi Forestry Division, Kallakurichi.

5.The Principal Accountant General of Tamil Nadu, Teynampet, Chennai - 600 018.

+2 ccs to M/s.K.Jenitha Advocate sr 478371 & 47836 +1 cc to Special Government Forest Advocate sr 47803 W.P. No.29292 and 29293 of 2016 aa09/09/2016