C.Chandrammal, v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.34037 and 34042 of 2016 C.Chandrammal ... Petitioner in W.P.No.34037/2016 S.Sakkila ... Petitioner in WP.No.34042/2016 vs.
1.The Government of Tamil Nadu, rep. by its Secretary, Forest and Environment Department, Secretariat, Chennai-9.
2.The Principal Chief Conservator of Forests, Having Office at Panagal Maligai, Saidapet, Chennai-15.
3.The District Forest Officer, Tiruvannamalai North Division, at Polur.
4.The Accountant General of Tamil Nadu, Office at DMS Compound, Teynampet, Chennai-18.
... Respondents in both the writ petitions WP.No.34037 of 2016:
Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents 1 to 3 to count half of the service rendered by the petitioner's husband as Plot Watcher from 1.2.1981 to till 13.8.2013 on daily wage basis along with his regular service as Forest Watcher from 14.8.2013 till 23.1.2015, the date prior to his death on 24.1.2015 so as to enable the petitioner to get family pension and consequently, direct the respondents 1 to 3 to send revised pensionary proposal to the fourth respondent and direct the fourth respondent to pay family pension to the petitioner with all consequential benefits.
WP.No.34042 of 2016:
Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents 1 to 3 to count half of the service rendered by the petitioner's husband as Plot Watcher from 01.10.1978 to 23.10.2003 on daily wage basis along with his regular service as Forest Watcher and Forest Guard from 24.10.2003 and 10.09.2015 so as to enable the petitioner to get family Pension and consequently direct the respondents 1 to 3 to send revised pensionary proposal to the fourth respondent and to direct the fourth respondent to pay family pension to the petitioner with all consequential benefits within a specified period.
For Petitioner :Mr.S.Mani, in both the writ petitions.
For Respondents:Mr.N.Inbanathan, Govt. Advocate (Forest), in both the writ petitions.
COMMON ORDER By consent, the main writ petitions themselves are taken up for final disposal.
2. The writ petition in W.P.No.34037 of 2016 has been filed for a mandamus directing the respondents 1 to 3 to count half of the service rendered by the petitioner's husband as Plot Watcher from 1.2.1981 to till 13.8.2013 on daily wage basis along with his regular service as Forest Watcher from 14.8.2013 till 23.1.2015, the date prior to his death on 24.1.2015 so as to enable the petitioner to get family pension and consequently, direct the respondents 1 to 3 to send revised pensionary proposal to the fourth respondent and direct the fourth respondent to pay family pension to the petitioner with all consequential benefits.
3. The writ petition in W.P.No.34042 of 2016 has been filed for a mandamus directing the respondents 1 to 3 to count half of the service rendered by the petitioner's husband as Plot Watcher from 01.10.1978 to 23.10.2003 on daily wage basis along with his regular service as Forest Watcher and Forest Guard from 24.10.2003 and 10.09.2015 so as to enable the petitioner to get family Pension and consequently direct the respondents 1 to 3 to send revised pensionary proposal to the fourth respondent and to direct the fourth respondent to pay family pension to the petitioner with all consequential benefits within a specified period.
4. I have heard the learned counsel appearing for the petitioners and the learned Government Advocate (Forest), who has taken notice on behalf of the respondents.
5. It is admitted on both sides that the issue raised in the present writ petitions 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.
6. Therefore, both the writ petitions are allowed on the same lines as the above writ petitions were allowed. The respondents 1 to 3 are directed to count half of the service rendered by one A.Chakkarapani, the husband of the petitioner in W.P.No.34037 of 2016 as Plot Watcher from 1.2.1981 to till 13.8.2013 on daily wage basis along with his regular service as Forest Watcher from 14.8.2013 till 23.1.2015, the date prior to his death on 24.1.2015 and one A.Sowkath Ali, the husband of the petitioner in W.P.No.34042 of 2016 as Plot Watcher from 01.10.1978 to 23.10.2003 on daily wage basis along with his regular service as Forest Watcher and Forest Guard from 24.10.2003 and 10.09.2015, as qualifying service for calculating pensionary benefits and send proposal to 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 consider the same and pass orders, within a period of six weeks thereafter. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Secretary, The Government of Tamil Nadu, Forest and Environment Department, Secretariat, Chennai-9.
2.The Principal Chief Conservator of Forests, Having Office at Panagal Maligai, Saidapet, Chennai-15.
3.The District Forest Officer, Tiruvannamalai North Division, at Polur.
4.The Accountant General of Tamil Nadu, Office at DMS Compound, Teynampet, Chennai-18.
W.P.Nos. 34037 and 34042 of 2016 rv[co] srg 09/11/2016