P.Karuppiah v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Karuppiah ... Petitioner Vs
1. Government of Tamilnadu, rep. by its Secretary, Environment Climate Change and Forest (FR.2) Department, Fort St.George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidapet, Chennai - 600 015.
3. District Forest Officer cum Forest Wild Life Warden, Kodaikanal Division, Kodaikanal.
4. The Accountant General of Tamil Nadu (A&E), Teynampet, Chennai-18.
... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents to implement the 1st respondent order in G.O.(2D) No.65, Environment, Climate Change and Forests (F.R.2(II) Department dated 24.04.2022 and 1/6
consequential order passed by the 2nd respondent in Proceeding No:LL1/33946/2019 dated 02.06.2022 and send revised pension proposal to the 4th respondent so as to enable to get pension with effect from 24.01.1995 instead of 15.09.2006 by considering the representation dated 25.08.2022.
For Petitioner ...
Mr.S.Mani For Respondents ...
Mr.E.Sundaram Government Advocate For R.1 to R.3 Mr.V.Vijayashankar Standing Counsel for R.4
O R D E R
This writ petition has been filed for a mandamus seeking for a direction to the respondents to implement the first respondent's order in G.O.(2D) No.65, Environment, Climate Change and Forests (F.R.2(II) Department dated 24.04.2022 and consequential order passed by the 2nd respondent in Proceeding No:LL1/33946/2019 dated 02.06.2022 and send revised pension proposal to the 4th respondent so as to enable the petitioner to get pension with effect from 24.01.1995 instead of from 15.09.2006
2. Heard Mr.S.Mani, learned counsel for the petitioner and 2/6
Mr.E.Sundaram, learned Government Advocate accepts notice on behalf of the respondents 1 to 3 and Mr.V.Vijayashankar, learned Standing Counsel accepts notice on behalf of the fourth respondent. By consent of both the parties, the main writ petition has been taken up for final disposal in the admission stage itself.
3. The petitioner has given a representation on 25.08.2022 for the aforementioned purpose. Since the representation has not been considered till date, the petitioner has filed this writ petition.
4. No prejudice would be caused to the respondents if the petitioner's representation, referred to supra, is considered on merits and in accordance with law within a time frame to be fixed by this Court.
5. For the foregoing reasons, this Court directs the third respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 25.08.2022, seeking to implement the first respondent's order in G.O.(2D) No.65, Environment, Climate Change and Forests 3/6
(F.R.2(II) Department dated 24.04.2022 and consequential order passed by the 2nd respondent in Proceeding No:LL1/33946/2019 dated 02.06.2022 and send revised pension proposal to the 4th respondent so as to enable the petitioner to get pension with effect from 24.01.1995 instead of from 15.09.2006 within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the aforesaid direction, the writ petition is disposed of. No costs.
12.12.2022 Index: Yes/ No Speaking Order/Non-speaking Order sr To
1. The Secretary, Government of Tamil Nadu, Environment Climate Change and Forest (FR.ii) Department, Fort St.George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidapet, Chennai - 600 015.
4/6
3. District Forest Officer cum Forest Wild Life Warden, Kodaikanal Division, Kodaikanal.
4. The Accountant General of Tamil Nadu (A&E), Teynampet, Chennai-18.
5/6
ABDUL QUDDHOSE, J.
sr 12.12.2022 6/6