V.Chinnasamy v. The Principal Chief Conservator Of Forests
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH V.Chinnasamy ... Petitioner -vs1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai 600 015.
2.The Accountant General, Office of the Accountant General (A and E) Madurai - 20.
3.The District Forest Officer, Madurai Forest Division, Madurai.
4.The Commissioner, Tamil Nadu Government Data Centre, Guindy, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.03.2025, addressed to the respondents and to refund amount paid by the petitioner for the omitted period of 20 months (out of 124 months) under contributory pension scheme with permissible interest, within a reasonable time.
For Petitioner : Mr.M.Gurudas For R1, R3 and R4 : Mr.K.Balasubramani Special Government Pleader For R2 : Mr.P.Gunasekaran Standing Counsel
ORDER
This Writ Petition is filed seeking a direction to the respondents to consider the petitioner's representation dated 10.03.2025 and to refund the amount paid by the petitioner towards the omitted period of 20 months (out of a total of 124 months) under the Contributory Pension Scheme, along with permissible interest, within a reasonable period of time.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. According to the petitioner, he was appointed as a 'Forest Watcher' in the Usilampatti Range, Madurai Division in February 2003 and rendered continuous service until his retirement upon superannuation on 13.06.2013. Upon retirement, the petitioner's pensionary benefits under the Contributory Pension Scheme (CPS)
were processed and his qualifying service was reckoned as 10 years and 4 months (124 months). The petitioner had duly contributed to the CPS for the entire 124 months period. However, the petitioner subsequently came to know that there was an omission in crediting his CPS contributions for a period of 20 months. This omission adversely affects his pension entitlements. The petitioner made multiple representations to the third respondent, requesting rectification of the omission and refund of the amount paid for the uncredited period along with interest. Pursuant to the petitioner's representations, the third respondent addressed communications to the second respondent on various dates viz., 12.04.2016, 01.10.2021 and 06.05.2024, but no further action was taken. On 10.03.
2025, the petitioner submitted a comprehensive representation to the respondents, reiterating his request for refund of the uncredited contribution amount for the 20 months period, with permissible interest. Despite receipt of the said representation, no action has been taken by the respondents till date, causing grave hardship and denial of rightful benefits to the petitioner.
4. Further, the petitioner earlier filed W.P.(MD)No.15782 of 2025, which was dismissed on 17.06.2025 on the ground of non-impleadment of the fourth
respondent, with liberty to file a fresh writ petition. Hence, the petitioner has approached this Court by way of the present writ petition, seeking appropriate directions for redressal.
5. The learned Special Government Pleader appearing for the respondents 1, 3 and 4 submits that if the petitioner submits a fresh representation, detailing all his grievances to the fourth respondent, the same will be considered in accordance with law, within a time frame to be fixed by this Court.
6. Recording the above submissions, this Writ Petition is disposed of, with a direction to the petitioner to submit a fresh representation outlining all his grievances to the fourth respondent, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the fourth respondent shall consider it on merits and pass appropriate orders in accordance with law, within two weeks thereafter. There shall be no order as to costs. NCC : Yes / No 01.07.2025 Index : Yes / No smn2
To:- 1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai 600 015.
2.The Accountant General, Office of the Accountant General (A and E) Madurai - 20.
3.The District Forest Officer, Madurai Forest Division, Madurai.
4.The Commissioner, Tamil Nadu Government Data Centre, Guindy, Chennai.
VIVEK KUMAR SINGH , J.
smn2 01.07.2025