Mrs.J.Kanchana v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.32607 of 2016 J.Kanchana ... Petitioner vs.
1.The State of Tamil Nadu, rep. by its Secretary to Government, Forest and Environment Department Fort St. George, Chennai-9.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.
3.The District Forest Officer, Hosur Forestry Range & Divison, Krishnagiri District.
4.The District Forest Officer, Dharmapuri Forest Division, Dharmapuri District-636 705.
5.The Principal Accountant General of Tamil Nadu, Account and Entitlement, O/o.the Accountant General, Teynampet, Chennai-18.
... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, directing the respondents to consider the petitioner's representation dated 20.05.2016 and a consequential direction directing the respondents 1 to 4 to count half of service rendered by the petitioner's husband from the date of joining in service as Social Forestry Worker-cum-Plot Watcher from November 1982 to 17.12.2006 on temporary basis along with regular service rendered by him as Forest Watcher from 18.12.2006 to 16.02.2010 and Forest Guard from 17.02.2010 to 10.08.2015 and send the revised proposal to the 5th respondent to grant family pension with all consequential pensionary benefits to the petitioner's husband date of death and arrears with interest.
For Petitioner : Mr.P.Rajesh For Respondents : Mr.N.Inabanathan, Govt. Advocate (Forest)
ORDER
By consent, the main writ petition itself is taken up for final disposal.
2. The petitioner has come up with the present writ petition for a mandamus, directing the respondents to consider the petitioner's representation dated 20.05.2016 and a consequential direction directing the respondents 1 to 4 to count half of service rendered by the petitioner's husband as Social Forestry Worker-cum-Plot Watcher from November 1982 to 17.12.2006 on temporary basis along with regular service rendered by him as Forest Watcher from 18.12.2006 to 16.02.2010 and Forest Guard from 17.02.2010 to 10.08.2015 and send the revised proposal to the 5th respondent to grant family pension with all consequential pensionary benefits to the petitioner's husband date of death and arrears with interest.
3. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate (Forest), who has taken notice on behalf of the respondents.
4. It is admitted on both sides that the issue raised in the present writ petition is covered by the decision of this Court made in W.P.No.8205 of 2011, dated 19.4.2011 and W.P.No.13832 of 2011, dated 29.6.2011. Both these orders were confirmed by the Division Bench in W.A.Nos.27 and 28 of 2012 by a common Judgment, dated 13.2.2012. 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 10.5.2012.
5. Therefore, the present writ petition is 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. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
tsi To 1.The Secretary to Government, State of Tamil Nadu, Forest and Environment Department Fort St. George, Chennai-9.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.
3.The District Forest Officer, Hosur Forestry Range &^Divison, Krishnagiri District.
4.The District Forest Officer, Dharmapuri Forest Division, Dharmapuri District-636 705.
5.The Principal Accountant General of Tamil Nadu, Account and Entitlement, O/o.the Accountant General, Teynampet, Chennai-18.
1 cc to Mr.P.Rajesh, Advocate, sr.53143 1 cc to Special Government Pleader (Forest), sr.52854 W.P.No.32607 of 2016 skv co kra 19.09.2016