The Government Of Tamil Nadu v. A.Annamalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2023 CORAM :

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and C.M.P.Nos.8239 and 8104 of 2019 1.The Government of Tamil Nadu Rep.by Secretary, Environment and Forest Department, Secretariat Chennai 600 009.

2.The Principal Chief Conservator of Forests Having Office at Panagal Maaligai Saidapet, Chennai - 600 015.

3.The District Forest Officer Namakkal.

4.The Accountant General of Tamil Nadu Office at DMS Compound, Teynampet Chennai - 600 018.

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Appellants -VsA.Annamalai ...

Respondent Prayer : Writ Appeal under Clause 15 of the Letters Patent against the order in W.P.No.39761 of 2015 dated 18.01.2016.

For Appellants :

Mr.K.V.Sajeev Kumar Special Government Pleader 1/4

J U D G M E N T

(Judgment of the Court was delivered by R.SURESH KUMAR, J.) This appeal had been directed against the orders passed by the Writ Court in W.P.No.39761 of 2015 dated 18.01.2016.

2. That was a common order passed by the writ Court, where many number of writ petitions like the present one, had been heard and were allowed by the learned Judge, directing the appellant Department to calculate 50% of the earlier service rendered by the respective writ petitioners, including the present respondent herein as Social Forest Worker / Plot Watcher for the purpose of qualifying service to calculate the pensionable benefits.

3. Though as against the said order the present appeal has been filed, when the writ appeal is taken up for hearing today, Mr.K.V.Sajeev Kumar, learned Special Government Pleader would contend that, in the year 2018 itself, by order dated 08.06.2018, the District Forest Officer had sent a communication to the Accountant General, Chennai that, 50% of the past service rendered by this respondent has already been calculated and the proposal had been sent, and based on the proposal, he was allowed to get the pension for the entire qualifying service, including 50% of the past service.

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4. Relying upon the said communication by the District Forest Officer, the learned Special Government Pleader submits that the writ petition having been allowed and the orders since having been already complied with, nothing survives in this writ appeal.

5. Recording the said submission, this writ appeal is dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

(R.S.K.,J..) (K.B.,J.) 02.08.2023 Index : Yes/No Internet : Yes/No KST 3/4

R.SURESH KUMAR, J.

and K.KUMARESH BABU, J.

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