A.Gajendran v. The Pricipal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.10.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28679 of 2019 A.Gajendran ..Petitioner vs
1. Represented by its Principal Secretary Environment and Forest Department Fort. St. George, Chennai-600 009.
2.The Principal Chief Conservator of Forest having office at Panagal Maaligai Saidapet, Chennai-600 015.
3.The District Forest Officer Vellore District.
4.The Accountant General of Tamil Nadu Office at DMS Compound Teynampet, Chennai-600 018.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1st to 3rd to count half of the service rendered by the petitioner as Plot Watcher on daily wage basis from 18.06.1983 till 23.01.1995 along with regular service rendered by him as Plot Watcher from and Forest Watcher from 24.01.1995 till 31.07.2018 the date of his retirement on 31.07.2018 as qualifying service, send the revised proposal to the 4th respondent grant pension to the petitioner with all consequential monetary benefits.
For Petitioner : Mr.Chellapandian Senior Counsel for Mr.S.Mani For Respondents : Mr.M.Elumalai Government Advocate
O R D E R
Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents 1st to 3rd to count half of the service rendered by the petitioner as Plot Watcher on daily wage basis from 18.06.1983 till 23.01.1995 along with regular service rendered by him as Plot Watcher from and Forest Watcher from 24.01.1995 till 31.07.2018 the date of his retirement on 31.07.2018 as qualifying service, send the revised proposal to the 4th respondent grant pension to the petitioner with all consequential monetary benefits.
2. Heard the learned Senior Counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents. By consent, the writ petition is taken up for final disposal.
3. The case of the petitioner is that he was appointed as Plot Watcher on 18.06.1983 in the Forest Department on daily wage basis. Subsequently, in the year 1995, the petitioner was promoted as Forest Watcher and his service was regularised with effect from 24.01.1995 as per the order of this Court made in W.P.No.22758 of 2014. The petitioner retired from service in the year 2018 on attaining superannuation. Thereafter, the pensionary benefits were not disbursed to the petitioner. Therefore, the petitioner has made a representation dated 10.08.2018 to the respondents. However, till date, the petitioner's representation was not considered by the respondents. Hence, this writ petition.
4. Learned Senior Counsel appearing for the petitioner submitted that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation and pass appropriate orders within the reasonable time.
5. Considering the limited request made by the learned Senior Counsel appearing for the petitioner, this Court hereby directs the respondents to consider the petitioner's representation dated 10.08.2018 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Since the petitioner has not annexed the acknowledgement card along with his representation, he is directed to send a copy of the representation along with the copy of this order to the respondents so as to enable them to pass appropriate orders.
6. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kj To 1.The Principal Secretary Environment and Forest Department Fort. St. George, Chennai-600 009.
2.The Principal Chief Conservator of Forest having office at Panagal Maaligai Saidapet, Chennai-600 015.
3.The District Forest Officer Vellore District.
4.The Accountant General of Tamil Nadu Office at DMS Compound Teynampet, Chennai-600 018.
+1cc to Mr.S.Mani, Advocate SR.83831 +1cc to Spl Government Pleader SR.84239 W.P.No.28679 of 2019 SJ(CO) CB(28/11/2019)