R.Rasu v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2018
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.26797 of 2018 R.Rasu ... Petitioner Vs 1.The State of Tamil Nadu, Rep by its Secretary to Government, Environment and Forest Department, Fort St.George, Chennai-9.
2.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-15.
3.The District Forest Officer, Trichy Forest Division, Trichy.
4.The Principal Accountant General of Tamil Nadu, Teynampet, Chennai 18.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1 to 3 respondents to count the half of service rendered by the petitioner as Social Forestry Worker from 10.01.1983 to 23.01.1995 on temporary basis along with the regular service from 24.01.1995 till the date of retirement on 31.07.2018 as qualifying service for the purpose of conferment of pension and to direct the respondents to send pension proposal to the fourth respondent for grant of pension under old pension scheme with all consequential benefits.
For Petitioner : Mrs.K.Jenitha For Respondents : Mr.D.Suriya Narayanan, Additional Government Pleader
O R D E R
By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner has come up with this writ petition seeking a direction to the respondents 1 to 3 to count the half of service rendered by the petitioner as Social Forestry Worker from 10.01.1983 to 23.01.1995 on temporary basis along with the regular service from 24.01.1995 till the date of retirement on 31.07.2018 as qualifying service for the purpose of conferment of pension on the basis of the representation submitted by the petitioner on 09.08.2018 and for consequential relief.
3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 09.08.2018, to the third respondent, claiming the same relief as prayed in this writ petition, but, the said representation is yet to be disposed of by the third respondent. she further submitted that the Principal Secretary to Government vide letter in No. No.24713/FR2(II)/2016-5, dated 27.09.2017, requested the second respondent to issue necessary order in regard to the claim of the petitioner in pursuance of the orders of this Court. Hence, she seeks appropriate direction in this writ petition.
4. Mr.D.Suriya Narayanan, learned Additional Government Pleader taking notice for the respondents, submitted that the third respondent may be directed to consider the petitioner's representation dated 09.08.2018 and pass orders in accordance with law.
5. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, this Court directs the third respondent to consider the petitioner's representation dated 09.08.2018 on the basis of the Letter No.24713/FR2(II)/2016-5, dated 27.09.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.
6. Accordingly, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar
gsk To 1.The Secretary to Government, 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, Trichy Forest Division, Trichy.
4.The Principal Accountant General of Tamil Nadu, Teynampet, Chennai 18.
+1cc to Mrs.K.Jenitha, Advocate sr.no.70030 +1cc to Government Pleader sr.no.70068 W.P.No.26797 of 2018 mg(co) nr 15/11/2018