K.Ganesan v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition Nos.41578 and 41579 of 2016 W.P.No.41578 of 2016 K.Ganesan ... Petitioner vs.
1.The Government of Tamilnadu rep. by its Secretary, Environment and Forest Department, Secretariat, Chennai-9.
2.The Principal Chief Conservator of Forest Having Office at Panagal Building, Saidapet, Chennai-15.
3.The Wild Life Warden, Guindy Children's Park, Chennai-22.
Office at DMS Compound, ... Respondents 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 service rendered by the petitioner as Plot Watcher on daily wage basis from 21.12.1987 till 06.08.2009 along with regular service rendered by him as Plot Watcher Supernumerary Post and Forest Watcher Posts from 07.08.2009 till the date of his retirement on 31.10.2016 as qualifying service, send the revised proposal to the 4th respondent, grant pension to the petitioner with all consequential monetary benefits.
W.P.No.41579 of 2016 V.Narayanasamy ... Petitioner vs.
1.The Government of Tamilnadu rep. by its Secretary, Environment and Forest Department, Secretariat, Chennai-9.
2.The Principal Chief Conservator of Forest Having Office at Panagal Maaligai, Saidapet, Chennai-15.
3.The District Forest Officer, Thirupattur, Vellore.
Office at DMS Compound, ... 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 service rendered by the petitioner as Plot Watcher on daily wage basis from 01.04.1985 till 06.08.2009 along with regular service rendered by him as Plot Watcher Supernumerary Post and Forest Watcher Posts from 07.08.2009 till the date of his retirement on 31.05.2016 as qualifying service, send the revised proposal to the 4th respondent, grant pension to the petitioner with all consequential monetary benefits.
For Petitioner : Mr.S.Mani in all W.Ps.
For Respondents : Mr.N.Inabanathan, in all W.Ps.
Govt. Advocate (Forest) COMMON ORDER The petitioners have come up with the above writ petitions seeking a Mandamus to direct the respondents to count half of the service rendered by them prior to their regularisation for the purpose of grant of pensionary benefits.
2.
Heard Mr.S.Mani, learned Counsel for the petitioners as well as Mr.N.Inbanathan, learned Government Advocate (Forest) appearing for the respondents 1 to 3 in both the writ petitions. 3.
It is admitted on both sides that the issue raised in these writ petitions is covered by the decision of this Court made in W.P.No.8205 of 2011, dated 19.04.2011 and W.P.No.13832
of 2011 dated 29.06.2011. Both these orders were confirmed by the Division Bench in W.A.Nos.27 and 28 of 2012 by a Common Judgment dated 13.02.2012. The Special Leave Petitions filed by the State against these judgments in SLP (Civil) Nos.14838 and 14839 of 2012 were also dismissed on 10.05.2012. 4.
Therefore, the Writ Petitions are 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. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar tsi To 1.The Secretary to Government, State of Tamil Nadu, Environment and Forest Department Fort St. George, Chennai-9.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.
3.The District Forest Officer, Tiruppattur, Vellore.
Office of DMS Compound, 5.The Wild Life Warden, Guindy Children's Park, Chennai-22.
+1 cc to Special Government Pleader Forest sr 69746 W.P.Nos.41578 and 41579/2016 mg(co) aa19/12/2016