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Madras High CourtWP(MD)/18862/2018disposed of

P.Panchavarnam, v. The State Of Tamil Nadu,

2018-08-30Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2018

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18862 of 2018 P.Panchavarnam ...

Petitioner Vs.

1.The State of Tamil Nadu, Rep.by its Secretary, Forest and Environment (PR-2) Department, Secretariat, Chennai - 600 009.

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

3.The District Forest Officer, Social Forestry Division Office, Office of the District Collector Campus, Virudhunagar, Virudhunagar District.

4.The Wildlife Warden, Srivilliputhur Grizzled Squirrel, Sanctuary, Srivilliputhur, Virudhunagar District.

5.The Forest Extension Officer, Forest Extension Centre, Sriviliputhur, Virudhunagar District.

6.The Publication Advertisement Officer, Forest Extension Centre, Virudhunagar @ Sriviliputhur, Virudhunagar District.

7.The Principal Accountant General Officer, Accountant General Office, Chennai ...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to count half of the service of the petitioner's husband before his absorption on 07.08.2009 (ie., from 01.09.1981 to 06.08.2009) along with regular service for the petitioner's husband from 07.08.2009 to 01.04.2011 for the purpose of granting pension and to grant all benefits / retirement benefits with 18% interest within a time frame that may be fixed by this Court.

For Petitioner : Mr.K.Murugan For Mr.K.Seemaraj For Respondents : Mr.S.Dhayalan (R1 to R6) Govt.Advocate For Respondent-7 : Mr.P.Gunasekaran

ORDER

The petitioner has come forward with the present Writ Petition for issuance of a Writ of Mandamus, directing the respondents to count half of the service of the petitioner's husband before his absorption on 07.08.2009 (ie., from 01.09.1981 to 06.08.2009) along with regular service for the petitioner's husband from 07.08.2009 to 01.04.2011 for the purpose of granting pension and to grant all benefits / retirement benefits with 18% interest within a time frame that may be fixed by this Court.

2. Mr.S.Dhayalan, the learned Government Advocate takes notice for the respondents 1 to 6 and Mr.P.Gunasekaran, learned counsel takes notice for R7.

3. When the matter is taken up for hearing, it is represented by the learned counsels for the respondents that the issue on hand had already been covered by the decision of this Court in W.A.(MD) Nos.51 of 2018 etc., batch, dated 27.03.2018. Hence, the respondents shall consider 50% of the service of the petitioner's husband before his absorption on 07.08.2009 (ie., from 01.09.1981 to 06.08.2009) along with regular service for the petitioner's husband from 07.08.2009 to 01.04.2011, for the purpose of granting other terminal pension.

4. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Secretary, State of Tamil Nadu, Forest and Environment (PR-2) Department, Secretariat, Chennai - 600 009.

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

3.The District Forest Officer, Social Forestry Division Office, Office of the District Collector Campus, Virudhunagar, Virudhunagar District.

4.The Wildlife Warden, Srivilliputhur Grizzled Squirrel, Sanctuary, Srivilliputhur, Virudhunagar District.

5.The Forest Extension Officer, Forest Extension Centre, Sriviliputhur, Virudhunagar District.

6.The Publication Advertisement Officer, Forest Extension Centre, Virudhunagar @ Sriviliputhur, Virudhunagar District.

7.The Principal Accountant General Officer, Accountant General Office, Chennai.

+1CC to Mr.P.Gunasekaran, Advocate, SR.No.81426 +1CC to Mr.K.Murugan, Advocate, SR.No.81269 +1CC to the Special Government Pleader SR.No. 81485 W.P.(MD)No.18862 of 2018 30.08.2018 MPK ES/RP/SAR 2/28.09.2018/3P/11C