M.Murugan Aged 59 Years v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.31757 to 31766 of 2016 M.Murugan ... Petitioner in W.P.No.31757/ 2016 Vs.
1 The Government of Tamil Nadu Rep. by its Secretary, Environment and Forest Department, Secretariat, Chennai - 600 009.
2 The Principal Chief Conservator of Forest Having Office at Panagal Maaligai, Saidapet, Chennai - 600 015.
3 The District Forest Officer, Coimbatore.
4 The Accountant General of Tamil Nadu, 361, Annasalai, Teynampet, Chennai - 600 018.
... Respondents in W.P.No.31757/ Prayer in W.P.No.31757 of 2016:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to count half of the service rendered by the petitioner as Plot Watcher on daily wage basis from 01.06.1982 till 18.08.2005 along with the regular
service rendered by him as Forest Watcher from 19.08.2005 and forest Guard till the date of his retirement namely 29.02.2016 as qualifying service, send the revised proposal to the fourth respondent, grant pension to the petitioner with all consequential monetary benefits.
For Petitioners : Mr.S.Mani For Respondents : Mr.N.Inbanathan Government Advocate (Forests) C O M M O N O R D E R The petitioners have come up with the above writ petitions, seeking a Mandamus to direct the respondents to count half of the service rendered by them prior to their regularisation for the purpose of grant of pensionary benefits.
2.Heard Mr.S.Mani, learned counsel for the petitioners as well as Mr.N.Inbanathan, learned Government Advocate (Forests) appearing for the respondents.
3. It is admitted on both sides that the issue raised in these writ petitions is covered by the decision of this Court made in W.P.No.8205 of 2011, dated 19.04.2011 and W.P.No.13832 of 2011, dated 29.06.2011. Both these orders were confirmed by the Division
Bench in W.A.Nos.27 and 28 of 2012 by a common Judgment, dated 13.02.2012. The Special Leave Petitions filed by the State against these Judgments in S.L.P (Civil) Nos.14838 and 14839 of 2012 were also dismissed on 10.05.2012.
4. Therefore, the writ petitions are allowed on the same lines as the above writ petitions were allowed. The orders shall be implemented within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
14.09.2016 pri Index: Yes/ No Internet: Yes/No To 1 The Government of Tamil Nadu Rep. by its Secretary, Environment and Forest Department, Secretariat, Chennai - 600 009.
2 The Principal Chief Conservator of Forest Having Office at Panagal Maaligai, Saidapet, Chennai - 600 015.
3 The District Forest Officer, Coimbatore.
4 The Accountant General of Tamil Nadu, 361, Annasalai, Teynampet,
Chennai - 600 018.
R.SUBBIAH,J.
pri W.P.Nos. 31757 to 31766 of 2016 14.09.2016