Madras High CourtWP/42222/2016disposed of

R.Kaliyamoorthy, v. The Government Of Tamil Nadu

2016-12-01Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.42222 of 2016 R.Kaliyamoorthy .. Petitioner Vs 1 The Government of Tamil Nadu Rep by Secretary Environment & Forest Department Fort St George Chennai-600009 2 The Principal Chief Conservation of forest having office at Panagal Building Saidapet Chennai-600015 3 The Divisional Forest Officer Interface Forestry Division Salem 4 The Accountant General of Tamil Nadu Office at DMS Compound Teynampet Chennai-600 018 ... 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 on daily wage basis from 01.12.1983 till 06.08.2009 along with the regular service rendered by him as Plot Watcher (Supernumerary Post) from 07.08.2009 till the date of his retirement namely 31.10.2016 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 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 on daily wage basis from 1.12.1983 till 6.8.2009 along with the regular service rendered by him as Plot Watcher (Supernumerary Post) from 7.8.2009 till the date of his retirement namely 31.10.2016 as qualifying service, send the revised proposal to the fourth respondent and grant pension to him 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 / TRUE COPY / Sub-Assistant Registrar sbi To 1 The Secretary Environment & Forest Department Fort St George Chennai-600009 2 The Principal Chief Conservation of forest having office at Panagal Building Saidapet Chennai-600015 3 The Divisional Forest Officer Interface Forestry Division Salem

4 The Accountant General of Tamil Nadu Office at DMS Compound Teynampet Chennai-600 018 +1 cc M/S.S.MANI Advocate SR.NO. 71357 +1 cc to Government Pleader SR.NO. 70997 W.P.No. 42222 of 2016 rj[co] RD 02/01/2017