S. Kanagaraj v. The Govt Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2015 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition (MD) No.15432 of 2015 S.Kanagaraj ... Petitioner Vs.

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

2. The Principal Chief Conservator of Forests, No.1, Jennis Road, Panagal Building, Saidapet, Chennai 600 015.

3. The Wild Life Warden/ District Forest Officer, Grizzled Squirrel Wildlife Sanctuary, Srivilliputtur, Virudhunagar District.

4. The Accountant General of Tamil Nadu, Office of the Accountant General, Anna Salai, Teynampet, Chennai 600 018.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing teh respondents 1 to 3 to count half of the service rendered by teh petitioner as a plot Watcher from 01.12.1983 to 11.02.2011 along with regular service rendered by him as a Forest Watcher from benefits and send the revised proposal to the 4th respondent and to grant pension with all consequential monetary benefits. For Petitioner : Mr.G.Marimuthu For Respondents 1-3 : Mr.R.Anandaraj, Government Advocate.

For 4th Respondent : Mr.P.Gunasekaran

ORDER

Mr.R.Anandaraj, learned Government Advocate takes notice for the respondents 1 to 3 and Mr.P.Gunasekaran, learned counsel

takes notice for the fourth respondent.

2.This writ petition has been filed by one S.Kanagaraj, seeking a limited prayer to issue a Writ of Mandamus to direct the respondents 1 to 3 to count half of the service rendered by the petitioner as Plot Watcher from 01.12.1983 to 11.02.2011 along with regular service rendered by him as a Forest Watcher from benefits and to send revised proposals to the fourth respondent to grant pension.

3.Learned counsel for the fourth respondent fairly submitted that the issue raised by the petitioner is squarely covered by an order passed by this Court in W.P.(MD)No.17666 of 2014, dated 03.11.2014. It is relevant to refer paragraphs 4 to 6 of the said order which reads as follows:

"4.The grievance of the petitioner is that as per Rule 11(2) of the Tamil Nadu Pension Rules, 1978 half of the service paid from contingencies shall be allowed to be counted. When the petitioner was working as Forest Watcher in the Forest Department from 13.06.1983 to 13.12.2008 on daily wage basis without any break in service, it is an admitted case that the petitioner was granted time scale of pay after a period of 25 years and he was appointed and promoted in the time scale of pay on 13.12.2008 and thereafter, he retired from service on 31.05.2014 and therefore, G.O.Ms.No.139 Environment and Forests (FR-2) Department, dated 05.09.2013 has to be applied to the petitioner's case.

5.Learned counsel for the petitioner submitted that in similar and identical circumstances, this Court in W.P.No.21050 of 2012 in the case of S.Annamalai, Vs. Government of Tamil Nadu, rep by its Principal Secretary to Government and others vide order dated 03.08.2012 allowed the writ petition giving direction to the first respondent therein to count 50% of the service of the petitioner therein along with regular service and pass necessary orders and therefore, the abovesaid case is also applicable to the present case.

6.In such view of the matter, the writ petition is disposed of directing the respondents 1 to 3 to count half of the service of the petitioner as Plot Watcher from 13.06.1983 to 13.12.2008 along with regular service rendered by him as Forest Watcher from 13.12.2008 to 31.05.2014 as qualifying service for pensionary benefits and thereafter send revised proposal to the fourth respondent within a period of six weeks from the date of receipt of a copy of this order and on receipt of such proposal, the fourth respondent shall consider the same

and pass appropriate orders, within a period of four weeks thereafter".

4.In view of the above, the writ petition is disposed of directing the respondents 1 to 3 to count half of the service of the petitioner as Plot Watcher from 01.12.1983 to 11.02.2011 along with regular service rendered by him as Forest Watcher from benefits and thereafter send revised proposal to the fourth respondent within a period of six weeks from the date of receipt of a copy of this order and on receipt of such proposal, the fourth respondent shall consider the same and pass appropriate orders, within a period of four weeks thereafter. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government, Government of Tamil Nadu, Forest and Environment Department, Fort St., George, Chennai 600 009.

2. The Principal Chief Conservator of Forests, No.1, Jennis Road, Panagal Building, Saidapet, Chennai 600 015.

3. The Wild Life Warden/ District Forest Officer, Grizzled Squirrel Wildlife Sanctuary, Srivilliputtur, Virudhunagar District.

4. The Accountant General of Tamil Nadu, Office of the Accountant General, Anna Salai, Teynampet, Chennai 600 018.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 49464 + 1 CC TO M/S.G.MARIMUTHU, ADVOCATE IN SR NO. 49397 + 1 CC TO M/S.P.GUNASEKARAN, ADVOCATE IN SR NO. 49830 SMS TE/AN-MP 25/09/2015 3P/8C Writ Petition (MD) No.15432 of 2015 26.08.2015