S.Ramalakshmi v. The Govt. Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.21039 of 2019 S.Ramalakshmi ... Petitioner Vs.
1. The Government of Tamil Nadu, Rep. by Secretary to Government, Forest and Environment Department, Fort St. George, Chennai-9.
2. The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-15.
3. The Principal Accountant General of Tamil Nadu, Teynampetai, Chennai-18.
4. The Divisional Forest Officer, Social Forestry and Extension Division, North Main Road, N.G.O "A" Colony, Tirunelveli-7.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to count the half of the service rendered by the petitioner's husband as a Plot Watcher from 01.04.1987 to 06.08.2009 along with the regular service as Super Numeric Plot Watcher from 07.08.2009 to 14.09.2018 as a qualifying service and send the revised pension proposal to the third respondent and to further direct the third respondent to sanction the eligible pension and all other terminal benefits to the petitioner.
For Petitioner : Mr.M.Laxmi Mahendraa For R1 & R2 : Mr.C.M.Mari Chellaiah Prabhu, Additional Government Pleader For R3 : Mr.P.Gunasekaran
ORDER
This writ petition is filed seeking for a mandamus, directing the respondents herein to count the half of the service rendered by the petitioner's husband as a Plot Watcher from 01.04.1987 to 06.08.2009 along with the regular service as Super Numeric Plot 1/3
Watcher from 07.08.2009 to 14.09.2018 as a qualifying service and to send the revised pension proposal to the third respondent and further to direct the third respondent to sanction the eligible pension and all other terminal benefits to the petitioner.
2. Mr.C.M.Mari Chellaiah Prabhu, learned Additional Government Pleader takes notice for the respondents 1 & 2 and Mr.P.Gunasekaran, learned counsel takes notice for the third respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.
3. According to the petitioner, her husband Late Mr.Seenipandi was initially appointed as Plot Watcher in the Forest Department on 01.04.1987 on daily wage basis. Subsequently, the services of her husband was regularized in the post of Super Numeric Plot Watcher by the second respondent on 31.08.2009 with effect from 07.08.2009. He died on 14.09.2018 while he was in service. Thereafter, the petitioner was not granted with any pensionary benefits of her husband under the Tamil Nadu Pension Rules, 1978, on the ground that her husband was not having ten years of pensionable service. However, the petitioner has made representation to the respondents on 29.08.2019, but the respondents have not passed any orders on the representation, so far. Therefore, the petitioner has come out with the present writ petition.
4. Considering the facts and circumstances of the case and also considering the submission of the learned counsel for the petitioner, it is suffice to direct the first respondent to consider the representation of the petitioner, dated 29.08.2019 and pass orders on merits and in accordance with law, as expeditiously as possible.
5.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To
1. The Secretary to Government, Forest and Environment Department, Fort St. George, Chennai-9.
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2. The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai-15.
3. The Principal Accountant General of Tamil Nadu, Teynampetai, Chennai-18.
4. The Divisional Forest Officer, Social Forestry and Extension Division, North Main Road, N.G.O "A" Colony, Tirunelveli-7.
+1 CC to Mr.M. LAXMI MAHEDRAA, Advocate ( SR-90484[F] dated 30/09/2019 ) +1 CC to SPL GP ( SR-90899[F] dated 01/10/2019 ) +1 CC to Mr.P.GUNASEKARAN, Advocate ( SR-90997[F] dated 03/10/2019 ) W.P.(MD)No.21039 of 2019 30.09.2019 am VB(17.10.2019) 3P 8C 3/3