S.Malludurai v. The Govt Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Malludurai ... Petitioner vs.

1. The Government of Tamil Nadu rep.by Secretary to Government Forest and Environment Department Fort St.George, Chennai-9

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

3. The District Forest Officer Social Forestry Division Sivagangai, Sivagangai District

4. The Principal Accountant General of Tamil Nadu Teynampet, Chennai-18 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents from 1 to 3 to count the half of the service rendered by the petitioner as a social forestry worker from 01.04.1983 to 06.08.2009 along with the regular service as Plot Watcher from 07.08.2009 to 30.09.2019 as a qualifying service and send the revised pension proposal to the 4th respondent and to further direct the 4th respondent to sanction the eligible pension and all other terminal benefits to the petitioner.

For Petitioner :

Mr.G.Chandrasekar For Respondents :

Mr.M.Ramesh, Government Advocate for R1 to R3 Mr.P.Gunasekaran for R4

O R D E R

The relief sought for in this writ petition is to direct the respondents 1 to 3 to count half of the service rendered by the petitioner as Social Forestry Worker from 01.04.1983 to 06.08.2009 along with the regular service as Plot Watcher from 07.08.2009 to 30.09.2019 as a qualifying service and send the revised pension proposal to the fourth respondent and to direct the fourth respondent to sanction the eligible pension and all other terminal benefits to the petitioner.

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2. The petitioner was appointed as Social Forestry Worker in the Forest Department on temporary basis. Subsequently, his services were regularized during 2009 in the sanctioned post. Thus, the petitioner submitted a representation for counting 50% of the temporary service rendered by him for the purpose of calculating qualifying period for pensionary and terminal benefits.

3. The issues regarding counting of 50% of service with reference to the amended Rule 11(4) of the Tamil Nadu Pension Rules, 1978 were considered by the Full Bench of this Court in the case of Government of Tamil Nadu and others vs. R.Kaliyamoorthy, reported in 2019 (6) CTC 705 and the relevant portion of the said decision is extracted hereunder:

"45.

In the light of the above, we answer the reference as follows:- i) Those who are freshly appointed on or after 01.04.2003 are not entitled to pension in view of proviso to Rule 2 of Tamil Nadu Pension Rules, 1978 inserted by G.O.Ms.No.259 dated 06.08.2003 (ii) Those government servants/employees appointed prior to 01.04.2003 whether on temporary or permanent basis in terms of Rule 10 (a) (i) of Tamil Nadu State and Subordinate Service Rules will be entitled to get pension as per the Tamil Nadu Pension Rules, 1978. (iii) In case, a government employee/servant had also rendered service in non-provincialised service, or on consolidated pay or on honorarium or daily wage basis and if such services were regularised before 01.04.2003, half of such service rendered shall be counted for the purpose of conferment of pensionary benefits.

(iv) Those government servants who were appointed in the aforesaid four categories before the cut off date and later appointed under Rule 10 (a) (i) of Tamil Nadu State and Subordinate Service Rules before 01.04.2003 and absorbed into regular service after 01.04.2003 will not be entitled to count half of their past service for the purpose of determination of qualifying service for pension.

(v) Those government servants who were appointed in the aforesaid four categories before 01.04.2003 but were absorbed in regular service after 01.04.2003 will not be entitled to count half of their past service for the purpose of determination of qualifying service for pension."

4. In view of the above decision of the Full Bench and with reference to Rule 11(4) of the Tamil Nadu Pension Rules, 1978, the 2/3

case of the petitioner is to be considered and a decision is to be taken by the respondents as expeditiously as possible by taking note of the eligibility and other aspects of the matter by verifying the service records of the petitioner. The respondents are directed to take a decision without causing any undue delay. The petitioner is directed to send a copy of the representation along with other service particulars to the respondents forthwith enabling them to consider the case of the petitioner.

5. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:

1. The Secretary to Government, Forest and Environment Department, Government of Tamil Nadu, Fort St.George, Chennai-9.

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

3. The District Forest Officer, Social Forestry Division, Sivagangai, Sivagangai District.

4. The Principal Accountant General of Tamil Nadu Teynampet, Chennai-18 +1 CC to M/s.G. CHANDRASEKAR, Advocate ( SR-22433[F] dated 29/04/2022 ) +1 CC to M/s.SPL. GP ( SR-22940[F] dated 29/04/2022 ) 28.04.2022 USK/11.05.2022/3P/7C 3/3