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Madras High CourtWP/35200/2016disposed of

R.Ponnusamy v. Government Of Tamil Nadu

2016-10-04Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.35200 of 2016 R.Ponnusamy ... 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 Forest, Head of Forest Force, No.1, Jeenis Road, Panagal Building, Saidapet, Chennai-15.

3.The District Forest Officer, Interfaced Forestry Division (IFF), Krishnagiri, Krishnagiri District.

5.The 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 01.09.1986 till 06.08.2009 along with regular service rendered by the petitioner as Plot Watcher in the Supernumery Post in the regular post on and from 07.08.2009 to 30.06.2016 as qualifying service for pensionary benefits and send the revised proposal to the 4th respondent to grant pension with all consequential pensionary benefits. For Petitioner :

Mr.M.R.Jothimanian For Respondents :

Mr.N.Inabanathan, 1 to 3 Govt. Advocate (Forest) For 4th respondent: Mr.V.Vijay Shankar

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 the petitioner as Plot Watcher from 01.09.1986 till 06.08.2009 along with regular service rendered by the petitioner as Plot Watcher in the Supernumerary Post in the regular post from 07.08.2009 to 30.06.2016 as qualifying service for pensionary benefits and send the revised proposal to the 4th respondent to grant pension with all consequential pensionary 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 1 to 3 and the learned Counsel for the 4th respondent.

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 //True Copy// Sub Assistant Registrar

tsi To 1.The Principal Secretary to Government, Government of Tamil Nadu, Forest and Environment Department Fort St. George, Chennai-9.

2.The Principal Chief Conservator of Forest, Head of Forest Force, No.1, Jeenis Road, Panagal Building, Saidapet, Chennai-15.

3.The District Forest Officer, Interfaced Forestry Division (IFF), Krishnagiri, Krishnagiri District.

5.The Accountant General of Tamil Nadu, Office of the Accountant General, Anna Salai,Teynampet, Chennai-18.

+1 CC to Mr. M.R. Jothimanian, Advocate Sr.No.57120 +1 CC to Mr. V. Vijay Shankar, Advocate, Sr.No.57640 W.P.No.35200 of 2016 KS (CO) MD : 26/10/2016