S.Krishnan v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2016
CORAM
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. Nos.30286 to 30288 of 2016 S.Krishnan
...Petitioner in W.P.No.30286 of 2016
M.Asalan
...Petitioner in W.P.No.30287 of 2016
R.Velayutham
...Petitioner in W.P.No.30288 of 2016
Vs.
1. The State of Tamil Nadu, Rep. by its Secretary to Government, Panagal Building, Saidapet, Chennai - 600 015.
3. The District Forest Officer, Villupuram Forestry Division, Villupuram Teynampet, Chennai - 600 018.
... Respondents in W.Ps.30286 of 2016
1. The State of Tamil Nadu, Rep. by its Secretary to Government, Panagal Building, Saidapet, Chennai - 600 015.
3. The District Forest Officer, Kallakurichi Forestry Division, Kallakurichi.
Teynampet, Chennai - 600 018.
... Respondents in W.P.30287 of 2016
1. The State of Tamil Nadu, Rep. by its Secretary to Government, Panagal Building, Saidapet, Chennai - 600 015.
3. District Forest Officer, Nilagiri North Division, Udagai.
4. The Principal Accountant General of Tamil Nadu, Teynampet, Chennai - 600 018.
... Respondents in W.P.30288 of 2016 PRAYER in W.P.No.30286 of 2016 : Writ Petition has 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 petitioner as Social Forestry Worker from 01.08.1985 to 12.07.2012 on temporary basis along with the regular service from 13.07.2012 till the date of retirement on 31.07.2016 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.
PRAYER in W.P.No.30287 of 2016 : Writ Petition has 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 petitioner as Social Forestry worker from 03.03.1985 to 01.04.2012 on temporary basis along with the regular service from 02.04.2012 till the date of retirement on 29.02.2016 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.
PRAYER in W.P.No.30288 of 2016 : Writ Petition has 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 petitioner as Social Forestry Worker
from 26.08.1985 to 12.07.2012 on temporary basis along with the regular service from 13.07.2012 till the date of retirement on 30.04.2016 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 Petitioner : Ms.K.Jenitha [in all W.Ps] For Respondents : Mr.M.Inbanathan [in all W.Ps] Standing counsel C O M M O N O R D E R By consent, these Writ Petitions are taken up for disposal at the admission stage itself.
2.Heard Ms.K.Jenitha, learned counsel for the petitioner and Mr.M.Inbanathan, learned standing counsel, who accepts notice on behalf of the respondents.
3.According to the petitioners, they served as Social Forestry Workers from 01.08.1985 to 12.07.2012 ; 03.03.1985 to 01.04.2012 and 26.08.1985 to 12.07.2012. Subsequently, their services were brought into regular time scale of pay with effect from 13.07.2012 02.04.2012 and 13.07.2012. They retired from service on 31.07.2016; 29.02.2016 and 30.04.2016 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. The petitioners 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 learned 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, these 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 twelve 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(CS VII) //True Copy// Sub Assistant Registrar ssd To
1. The Secretary to Government, Panagal Building, Saidapet, Chennai - 600 015.
3. The District Forest Officer, Villupuram Forestry Division, Villupuram Teynampet, Chennai - 600 018.
5. The District Forest Officer, Kallakurichi Forestry Division, Kallakurichi.
6. The District Forest Officer, Nilagiri North Division, Udagai.
+3cc's to Ms.K.Jenitha, Advocate, S.R.Nos.49224 to 49226 +1cc to the Special Government Pleader(T), S.R.No.49475 W.P. Nos.30286 to 30288 of 2016 KS(CO) CA(19/09/2016)