K.Karuppiah v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE 1.K.Karuppiah 2.A.Murugan 3.S.Karuppasamy 4.Singaraj ... Petitioners -vs1.The Secretary Environmental and Forest Department Fort St.George, Chennai-600 009 2.The Principal Chief Conservator of Forest Saidapet, Chennai-600 015 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to regularize the service of the petitioners by taking into account of seniority and qualification on par with their juniors in the light of the orders passed in WP.No.41099 of 2015 dated 05.01.2016 and confer all consequential benefits on the basis of the representation dated 20.03.2019.

For Petitioners :

Mr.G.Thiruvarutselvan For Respondents :

Ms.D.Farjana Ghoushia Special Government Pleader

O R D E R

This writ petition has been filed for a mandamus seeking for a direction to the respondents to regularize the services of the petitioners by taking into account their seniority and qualification on par with their juniors in the light of the orders passed by this Court in W.P.No.41099 of 2015 dated 05.01.2016 and confer all consequential benefits to them.

2. All the petitioners claim that since they have been working as Plot Watchers on temporary daily wage basis from the years 1981 and 1982, their services have to be treated on par with their juniors, despite the fact that the services of their juniors were regularized prior in point of time to that of the petitioners.

3. The issue raised by the petitioners in this writ petition is no longer res integra, in view of the fact that the Honourable Division Bench of this Court in the case of Government of Tamilnadu and others vs.

R.Kaliyamoorthy, reported in 2019 (6) CTC 705, had allowed the writ appeal filed by the State by holding that those, who have been absorbed in regular service after 01.04.2003, will not be entitled to count half of their past service for the purpose of determination of qualifying service for pension.

4. In the case on hand, admittedly, all the petitioners were absorbed into the respondents' service only after 01.04.2003 and therefore, as per the well settled law, they are not entitled to count half of their past service for the purpose of determination of qualifying service for pension.

5. For the foregoing reasons, the mandamus sought for in this writ petition cannot be granted by this Court as there is no merit in this writ petition. Accordingly, this writ petition is dismissed. No costs. 23.10.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Secretary, Environmental and Forest Department, Fort St.George, Chennai-600 009.

2.The Principal Chief Conservator of Forest, Saidapet, Chennai-600 015.

ABDUL QUDDHOSE, J.

krk 23.10.2024