N.Panneerselvam v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2018

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.29026 of 2018 N.Panneerselvam ... Petitioner vs.

1. Government of Tamil Nadu, Rep. by its Principal Secretary, Finance (Pension) Department, Fort St. George, Chennai - 600 009.

2. Government of Tamil Nadu, Rep. by its Secretary, Personnel & Administrative Reforms Department, Fort St. George, Chennai - 600 009.

3. Government of Tamil Nadu, Rep. by its Secretary, Environment and Forest Department, Fort St. George, Chennai - 600 009.

4. The Principal Chief Conservator of Forest, having office at Panagal Maaligai, Saidapet, Chennai - 600 015.

5. The District Forest Officer, Vellore District.

6. The Accountant General of Tamil Nadu, Office at Teynampet, Anna Salai, Chennai - 600 018.

... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Declaration, declaring that the amendment brought to Rule 11(4) of the Tamil Nadu Pension Rules by notification in G.O.Ms.No.41 , Finance (Petition) Department dated 09.02.2010 on the file of first

respondent are arbitrary, discriminatory and unconstitutional in so far as it relates to introduction of a cut off date with effect from 01.04.2003 for regularising the service to those who were appointed prior to 01.04.2003 and consequently direct the respondents to count 50 percent of the service rendered by the petitioner on daily wage basis from 17.02.1983 till 21.07.2009 together with the regular service rendered by him as Forest Watcher from 22.07.2009 till the date of his retirement on 31.05.2018 and further direct the respondents to pay to the petitioner pension and arrears of pension within a time that may be stipulated by this Hon'ble Court.

For Petitioner : Mr.S.Mani For Respondents: Mr.E.Manoharan (for R1 to R3 & R6) Additional Government Pleader Mr.Bala Ramesh, (for R4 & R5) Special Government Pleader

ORDER

(Order of the Court was made by S.MANIKUMAR, J) Mr.S.Mani, learned counsel for the petitioner has circulated a letter dated 12.11.2018 to the Registrar (Judicial), High Court, Madras, requesting to post the writ petition for withdrawal. Thus, the writ petition is listed today, under the caption "for withdrawal". Letter dated 12.11.2018 addressed to the Registrar (Judicial) High Court, Madras, reads thus. "My client Mr.Panneerselvam petitioner in the above writ petition in W.P.No.29026 of 2018 instructed me to withdraw the above said writ petition. Therefore, I hereby request your good self to kindly post the above writ petition W.P.No.29026 of 2018 for withdrawal on 13.11.2018." Learned counsel for the petitioner has also made an endorsement to that effect.

2. Placing on record the above, writ petition is dismissed as withdrawn. No Costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar ars

To

1. The Principal Secretary, Government of Tamil Nadu, Finance (Pension) Department, Fort St. George, Chennai - 600 009.

2. The Secretary, Government of Tamil Nadu, Personnel & Administrative Reforms Department, Fort St. George, Chennai - 600 009.

3. The Secretary, Government of Tamil Nadu, Environment and Forest Department, Fort St. George, Chennai - 600 009.

4. The Principal Chief Conservator of Forest, having office at Panagal Maaligai, Saidapet, Chennai - 600 015.

5. The District Forest Officer, Vellore District.

6. The Accountant General of Tamil Nadu, Office at Teynampet, Anna Salai, Chennai - 600 018.

+1 CC to Mr.S.Mani, Advocate sr 77542.

W.P.No.29026 of 2018 SS(CO) SP(04/12/2018)