K.Paulkarasu v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.20543 of 2017 K.Paulkarasu ... Petitioner Vs.

1. The Government of Tamil Nadu, Represented by Secretary to Government, Finance (Pension) Department, Fort St.George, Chennai.

2. The Principal Chief Conservator of Forests, Panagal Building, Chennai-15.

3. The District Forest Officer, Ramanathapuram, Ramanathapuram District.

4. The Principal Accountant General of Tamil Nadu, Teynampet, Chennai-18.

5. The Wild Life Warder, Ramnad, Opp to Government ITI, Mandabam Road, Ramnad-3, Ramanathapuram District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to count half of the service rendered by the petitioner from 04.07.1983 to 06.08.2009 along with the regular service rendered by the petitioner as forest watcher from 07.08.2009 to 30.04.2015 as qualifying service and send revised pension proposal to the fourth respondent to sanction and disburse the eligible pension and pay all other benefits including pension arrears and monthly pension with 18% interest per annum by considering the representation of the petitioner dated 01.09.2017. For Petitioner : Mr.S.C.Herold Singh For R1 to R3 : Mr.R.Velmurugan, Government Advocate.

For R4 : Mr.P.Gunasekaran

O R D E R

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to count half of the service rendered by the petitioner from 04.07.1983 to 06.08.2009 along with the regular service rendered by the petitioner as forest watcher from 07.08.2009 to 30.04.2015 as qualifying service and send revised pension proposal to the fourth respondent to sanction and disburse the eligible pension and pay all other benefits including pension arrears and monthly pension with 18% interest per annum by considering the representation of the petitioner dated 01.09.2017.

2.Heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner, Mr.R.Velmurugan, learned Government Advocate, who takes notice on behalf of the respondents 1 to 3 and Mr.P.Gunasekaran, learned counsel appearing for the fourth respondent. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Having regard to the limited nature of relief sought by the petitioner, without expressing any view on the correctness or entitlement of the claim made, the first respondent is directed to dispassionately consider the representation dated 01.09.2017 made by the petitioner and pass reasoned orders on merits in accordance with law and communicate the same to the petitioner and file a report of such compliance before the Registrar (Judicial) of this Court on or before 15.01.2018.

4.With the aforesaid direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To

1. The Secretary to Government, Government of Tamil Nadu, Finance (Pension) Department, Fort St.George, Chennai.

2. The Principal Chief Conservator of Forests, Panagal Building, Chennai-15.

3. The District Forest Officer, Ramanathapuram, Ramanathapuram District.

4. The Principal Accountant General of Tamil Nadu, Teynampet, Chennai - 18.

Copy to The Registrar (Judicial) Madurai Bench of Madras High Court, Madurai.

+1cc to Spl.Government Pleader Sr.No.86527 +1cc to Mr.P.Gunasekaran, Advocate Sr.No.86190 +1cc to Mr.S.C.Herold Singh, Advocate Sr.No.86025 MYR VB/KP/SAR2/20.11.2017/3P/9C W.P.(MD)No.20543 of 2017 09.11.2017