P.Manivel v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.5331 of 2017 P.Manivel ..Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary to Government, Environment and Forest Department, Fort St. George, Chennai - 9.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.
3.The District Forest Officer, Kodaikkanal Forest Division, Kodaikanal.
4.The Principal Accountant General of Tamil Nadu, Teynampet, Chennai - 18. .. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to count the half of service rendered by the petitioner as Social Forestry Worker from 13.01.1983 to 20.05.2008 on temporary basis along with the regular service from 21.05.2008 till the date of retirement on 29.02.2016 as qualifying service for the purpose of conferment of pension and to direct the respondents to send pension proposal to the fourth respondent to authorize the same with all consequential benefits within time frame. For Petitioner : M/s.K.Jenitha For R-1 to R-3 : Mr.N.S.Karthikeyan, Additional Government Pleader For R-4 : Mr.P.Gunasekaran, Standing Counsel.
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O R D E R
This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to count the half of service rendered by the petitioner as Social Forestry Worker from 13.01.1983 to 20.05.2008 on temporary basis along with the regular service from 21.05.2008 till the date of retirement on 29.02.2016 as qualifying service for the purpose of conferment of pension and to direct the respondents to send pension proposal to the fourth respondent to authorize the same with all consequential benefits within the time frame.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned Standing Counsel appearing for the fourth respondent.
3. Mr.N.S.Karthikeyan, learned Additional Government Pleader takes notice for the respondents 1 to 3 and Mr.P.Gunasekaran, learned Standing Counsel takes notice for the fourth respondent. By consent, the Writ petition itself is taken up for final disposal.
4. Though the Writ petition is for issuing a positive direction, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents 1 to 3 to consider the representation of the petitioner, dated 07.03.2016 within the time stipulated by this Court.
5. Having regard to the limited scope of the prayer now sought for by the learned counsel for the petitioner before this Court, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The respondents 1 to 3 are directed to consider the representation of the petitioner, dated 07.03.2016, and pass appropriate orders on merits and in accordance with law, taking note of G.O.Ms.No.139 Environment and Forests(FR-2) Department, dated 05.09.2013, within a period of eight weeks from the date of receipt of a copy of this order."
6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar
To 1.The State of Tamil Nadu, Rep. by its Secretary to Government, Environment and Forest Department, Fort St. George, Chennai - 9.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai - 15.
3.The District Forest Officer, Kodaikkanal Forest Division, Kodaikanal.
4.The Principal Accountant General of Tamil Nadu, Teynampet, Chennai - 18.
+1 cc to Mr.P.Gunasekaran , Advocate in SR.No. 18917 +1 cc to Special Government Pleader in SR.No:18794 +1 cc to Mr.K.Jenitha , Advocate in SR.No. 18263 pmu AE/SV MMS/SAR3/18.04.2017/3P/8C ORDER MADE IN W.P.(MD).No.5331 of 2017 28.03.2017