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Madras High CourtWP/33625/2022disposed of

P.Ganesan v. Government Of Tamil Nadu

2022-12-14Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.33625 of 2022 P.Ganesan ... Petitioner vs.

1.Government of Tamil Nadu, rep. by its Secretary, Environment and Forest Department, Fort St. George, Chennai 600 009.

2.The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidapet, Chennai - 600 015.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to regularise the service of petitioner after completion of ten years from date of initial appointment as a Plot Watcher on daily wage basis for the purpose of getting pension and family pension in the light of Hon'ble Supreme Court judgment delivered in C.A. No.6798 of 2019 dated 02.09.2019 and order in W.P. No.27299 of 2022 dated 17.10.2022 confer all consequential pensionary benefits by the way of considering the petitioner's representation on 18.03.2022.

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For petitioner :

Mr.S.Mani For respondents :

Mr.E.Sundaram, Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to regularise the service of the petitioner based on his representation dated 18.03.2022.

2.According to the petitioner, he retired from service on 31.01.2021 after completing more than ten years of service. The petitioner relies upon a judgment of the Hon'ble Supreme Court dated 02.09.2019 passed in C.A. No.6798 of 2019 as well as the order dated 17.10.2022 passed in W.P. No.27299 of 2022 by this Court. The petitioner has given a representation on 18.03.2022 seeking for regularisation of his service. Since the representation has not been considered till date, he has filed this writ petition. 2/4

3.Heard Mr.S.Mani, learned counsel for the petitioner and Mr.E.Sundaram, learned Government Advocate, who accepts notice on behalf of the respondents.

4.No prejudice would be caused to the respondents if the petitioner's representation as stated 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 first respondent to pass final orders, on merits and in accordance with law on the petitioners representation seeking for regularisation of his service, immediately after completion of ten years of service from the date of his initial appointment as a Plot watcher on daily wage basis for the purpose of getting pension and family pension, within a period of twelve weeks from the date of receipt of a copy of this order. While passing final orders, the first respondent shall take into consideration the judgment of the Hon'ble Supreme Court dated 02.09.2019 passed in C.A. No.6798 of 2019 as well as the order dated 17.10.2022 passed by this Court in W.P. No.27299 of 2022, which the petitioner relies upon and decide as to 3/4

ABDUL QUDDHOSE, J.

vga whether the said judgments are applicable to the case of the petitioner or not.

6.With the aforesaid direction, the writ petition stands disposed of. No costs.

14.12.2022 vga To 1.Government of Tamil Nadu, rep. by its Secretary, Environment and Forest Department, Fort St. George, Chennai 600 009.

2.The Principal Chief Conservator of Forests, Panagal Maaligai, Jeenis Road, Saidapet, Chennai - 600 015.

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