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Madras High CourtWP(MD)/1540/2016disposed of

Tmt.A.Veeruchinnammal, v. The Government Of Tamil Nadu

2016-03-07Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.1540 of 2016 A.Veeruchinnammal ... Petitioner Vs.

1.The Government of Tamil Nadu rep by Secretary to Government, Finance (Pension) Department, Fort St., George, Chennai 9.

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

3.The Chief Conservator of Forest/Field Director Office, Anaimalai Tiger Camp, Pollachi Division, Pollachi.

4.The District Forest Officer/Deputy Director Office, Anaimalai Tiger Camp, Pollachi Division, Pollachi.

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

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to count the half of the service rendered by petitioner s husband as Social Forestry Worker / Garden watcher from 01.04.1982 to 19.12.2005 along with regular service as forest watcher from 20.12.2005 till his date of death 04.12.2014 as the qualifying service and send the revised pension proposal to the 5th respondent and to further direct the 5th respondent to sanction the eligible pension and all other terminal benefits to the petitioner.

For Petitioner : Mr.M.Siddharthan For Respondents 1-4 : Mr.R.Anand Raj, Government Advocate.

For 5th Respondent : Mr.P.Gunasekaran https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner has come up with the above writ petition seeking a mandamus directing the respondents to count half of the service rendered by her prior to her regularization for the purpose of grant of pensionary benefits.

2.Heard Mr.M.Siddharthan, learned counsel for the petitioner. Mr.R.Anand Raj, learned Government Advocate takes notice for the respondents 1 to 4 and Mr.P.Gunasekaran, learned counsel takes notice for the fifth respondent. 3.It is admitted on both sides that the issue raised in this writ petition is covered by the decision of N.Paul Vasanthakumar, J in W.P.No.8205 of 2011, dated 19.04.2011 and W.P.No.13832 of 2011, dated 29.06.2011. Both these orders were confirmed by the Division Bench in W.A.Nos.27 and 28 of 2012 by a common judgment dated 13.02.2012. The special leave petition filed by the State against these judgments in S.L.P(Civil)Nos.14838 and 14839 of 2012 were also dismissed on 10.05.2012. 4.Therefore, the writ petition is allowed on the same lines as the above writ petitions were allowed. The order shall be implemented within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Government of Tamil Nadu Finance (Pension) Department, Fort St., George, Chennai 9.

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

3.The Chief Conservator of Forest/Field, Director Office, Anaimalai Tiger Camp,Pollachi Division, Pollachi. 4.The District Forest Officer/Deputy Director Office, Anaimalai Tiger Camp, Pollachi Division, Pollachi. 5.The Principal Accountant General, The Principal Accountant General of Tamil Nadu, Teynampet, Chennai 18.

+one cc to M/s.M.Siddharthan, Advocate in SR.No.12996 +one cc to M/s.P.Gunasekaran, Advocate in SR.No.13170 +one cc to The Special Government Pleader in SR.No. 12929 sms CSL/NGM-SS/17.03.2016/2p/9c Writ Petition (MD) No.1540 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 07.03.2016