P.Marimuthu v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.32867 of 2016 P.Marimuthu ... Petitioner vs.
1.The Government of Tamil Nadu, rep. by its Principal Secretary to Government, Forest and Environment Department, Fort St. George, Chennai-9.
2.The Principal Chief Conservator of Forests, Head of Forest Force, No.1, Jeenis Road, Panagal Building, Saidapet, Chennai-15.
3.The District Forest Officer, Dharmapuri Forest District, Dharmapuri-5, Dharmapuri District.
4.The Principal Accountant General of Tamil Nadu, Office of the Accountant General, Anna Salai, 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 count half of the service rendered by the petitioner as Plot Watcher from 1.6.1983 to 31.10.2008 along with regular service rendered by the petitioner as Forest Watcher in the regular post on and from 1.11.2008 to 30.6.2016 as qualifying service for pensionary benefits and send the proposal to the fourth respondent for grant of pension with all consequential monetary benefits.
For Petitioner :
Mr.M.R.Jothimanian 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 count half of the service rendered by him as Plot Watcher from 1.6.1983 to 31.10.2008 along with regular service rendered by him as Forest Watcher in the regular post on and from 1.11.2008 to 30.6.2016 as qualifying service for pensionary benefits and send the proposal to the fourth respondent for grant of pension with all consequential monetary benefits.
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 IV) //True Copy// Sub Assistant Registrar
To 1.The Principal Secretary to Government, Government of Tamil Nadu, rep. by its Principal Secretar Forest and Environment Department, Fort St. George, Chennai-9.
2.The Principal Chief Conservator of Forests, Head of Forest Force, No.1, Jeenis Road, Panagal Building, Saidapet, Chennai-15.
3.The District Forest Officer, Dharmapuri Forest District, Dharmapuri-5, Dharmapuri District.
4.The Principal Accountant General of Tamil Nadu, Office of the Accountant General, Anna Salai, Teynampet, Chennai-18.
+1cc to the Government Pleader Sr.53294 +1cc to M/S.M.R.Jothimanian, Advocate Sr.53320 W.P.No.32867 of 2016 skv[co] srg 21/10/2016