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Madras High CourtWP(MD)/18507/2020disposed of

R.Alaguraj v. The Principal Chief Conservator Of Forests

2020-12-15Honourable Mr Justice Krishnan Ramasamy2 pages

W.P.(MD)No.18507 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.12.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.18507 of 2020 R.Alaguraj

...Petitioner

Vs 1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai 600 015.

2.The Accountant General, Office of the Accountant General (A&E), Madurai -20.

3.The District Forest Officer, Madurai Forest Division, Madurai.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to include the petitioner omitted service from 11.06.1981 to 31.07.2013 of 2 years 4 months and 22 days in the service record and to pay the pension amount accordingly, within a reasonable time. For Petitioner :

Mrs.A.S.Rajeswari For R1 & R3 :

Mr.M.Jeyakumar Additional Government Pleader For R2 :

Mr.P.Gunasekaran

ORDER

This Writ Petition is filed to direct the respondents to include the petitioner's omitted service period of 2 years 4 months and 22 days ie., from 11.06.1981 to 31.07.2013 in the service record and to pay the pension amount accordingly.

2.By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 3.It is the grievance of the petitioner that on attaining the age of superannuation, he was retired from service as Forest Watcher on 31.07.2013 and while arriving at pensionary benefits, his service period of 2 years 4 months and 22 days ie., from 11.06.1981 to 31.07.2013 has not been taken into consideration by the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18507 of 2020 In this regard, though the petitioner has made a representation, dated 06.01.2020 to the 3rd respondent, the same has not been considered so far. Hence, the writ petition.

4.In reply, Mr.M.Jeyakumar, learned Additional Government Pleader appearing for the respondents 1 and 3 would fairly submit that in pursuant to the communication, dated 24.09.2019, the respondents have to verify the service record of the petitioner. He would therefore submit that after verifying the service record as well as the liability of the petitioner, his request will be considered on merits and in accordance with law. 5.In view of the submission made by the learned counsel on either side, this Court is inclined to pass the following directions:- the respondents are directed to consider the petitioner's representation, dated 06.01.2020 and pass appropriate orders, in the light of the communication issued by the 2nd respondent, dated 24.09.2019, within a period of twelve weeks from the date of receipt of a copy of this order;

6.With the above directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. To 1.The Principal Chief Conservator of Forests, Panagal Building,Saidapet,Chennai 600 015.

2.The District Forest Officer, Madurai Forest Division,Madurai.

+1 CC to M/s A.S.Rajeswari ,Advocate,in SR.No.25507 of 2020. +1 CC to Special Government Pleader SR.No.26051 of 2020. W.P.(MD) No.18507 of 2020 15.12.2020 (SJ)CO AP(07/01/2021) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2