Madras High Court
G.Balasundaram vs The State Of Tamil Nadu on 15 July, 2021
Author: S.S.Sundar
Bench: S.S.Sundar
WP.Nos.14491, 14495, 14498, 14502 & 14504/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
WP.Nos.14491, 14495, 14498, 14502 & 14504/2021 &
WMP.No.15377/2021
[Video Conferencing]
G.Balasundaram .. Petitioner in
WP.No.14491/2021
N.Serielraj .. Petitioner in
WP.No.14495/2021
C.Durairaj .. Petitioner in
WP.No.14498/2021
K.Backiyasamy .. Petitioner in
WP.No.14502/2021
K.Muthu .. Petitioner in
WP.No.14504/2021
Vs.
1.The State of Tamil Nadu
repby its Secretary to Government
Environment & Forest Department
Fort St George, chennai-9.
2.The Principal Chief Conservator of Forest,
Panagal Building, Saidapet, Chennai-15.
3.The District Forest Officer,
Nilgiri Forest Division,
Udhagamandalam, The Nilgiris District.
https://www.mhc.tn.gov.in/judis/ 1
WP.Nos.14491, 14495, 14498, 14502 & 14504/2021
4.The Principal Accountant General
of Tamil Nadu, Teynampet
Chennai – 18. .. Respondents
in all Writ Petitions
Prayer in WP.No.14491/2021:- Writ Petitions filed under Article 226 of
the Constitution of India, praying for issuance of a writ of mandamus
directing the 1 to 3 respondents to consider petitioner's representation
dated 01.10.2020 with regard to count the petitioner's service on
completion of ten years notionally from 01.08.1996 to till the date of
retirement on 31.03.2020 similar to junior in the light of G.O.Ms.No.22
P&AR Department dated 28.02.2006 and the order made by the District
Educational Officer, Paramakudi in Na.Ka.No.2648/A1/2008 dated
30.04.2012 along with the half of contingencies service paid from
01.08.1986 to 31.07.1996 for the purpose of old pension and to send
pension proposal to the 4th respondent to authorise the same with all
consequential arrear benefits with interest as per the pension rule within
time frame as fixed by this Court.
Prayer in WP.No.14495/2021:- Writ Petitions filed under Article 226 of
the Constitution of India, praying for issuance of a writ of mandamus
directing the 1 to 3 respondents to consider petitioner's representation
dated 31.03.2021 with regard to count the petitioner's service in full as
qualifying service by absorbing as Supernumerary Watcher service on
completion of ten years notionally from 01.07.2001 to till the date of
retirement on 28.02.2021 and the order made by the District Educational
Officer, Paramakudi in Na.Ka.No.2648/A1/2008 dated 30.04.2012 along
with the half of contingencies service paid from 01.07.1991 to 30.06.2001
for the purpose of old pension and to send pension proposal to the 4th
respondent to authorise the same with all consequential arrear benefits
with interest as per the pension rule within time frame as fixed by this
Court.
Prayer in WP.No.14498/2021:- Writ Petitions filed under Article 226 of
the Constitution of India, praying for issuance of a writ of mandamus
directing the 1 to 3 respondents to consider petitioner's representation
https://www.mhc.tn.gov.in/judis/ 2
WP.Nos.14491, 14495, 14498, 14502 & 14504/2021
dated 23.04.2021 with regard to count the petitioner's service in full as
qualifying service by absorbing as Supernumerary Watcher service on
completion of ten years notionally from 28.07.1997 to till the date of
retirement on 31.05.2021 similar to junior in the light of G.O.Ms.No.22
P&AR Department dated 28.02.2006 and the order made by the District
Educational Officer, Paramakudi in Na.Ka.No.2648/A1/2008 dated
30.04.2012 along with the half of contingencies service paid from
28.07.1987 to 27.07.1997 for the purpose of old pension and to send
pension proposal to the 4th respondent to authorise the same with all
consequential arrear benefits with interest as per the pension rule within
time frame as fixed by this Court.
Prayer in WP.No.14502/2021:- Writ Petitions filed under Article 226 of
the Constitution of India, praying for issuance of a writ of mandamus
directing the 1 to 3 respondents to consider petitioner's representation
dated 23.04.2021 with regard to count the petitioner's service in full as
qualifying service by absorbing as Supernumerary Watcher service on
completion of ten years notionally from 28.07.1997 to till the date of
retirement on 31.12.2021 similar to junior in the light of G.O.Ms.No.22
P&AR Department dated 28.02.2006 and the order made by the District
Educational Officer, Paramakudi in Na.Ka.No.2648/A1/2008 dated
30.04.2012 along with the half of contingencies service paid from
28.07.1987 to 27.07.1997 for the purpose of old pension and to send
pension proposal to the 4th respondent to authorise the same with all
consequential arrear benefits with interest as per the pension rule within
time frame as fixed by this Court.
Prayer in WP.No.14504/2021:- Writ Petitions filed under Article 226 of
the Constitution of India, praying for issuance of a writ of mandamus
directing the 1 to 3 respondents to consider petitioner's representation
dated 16.06.2021 with regard to count the petitioner's service in full as
qualifying service by absorbing as Supernumerary Watcher service on
completion of ten years notionally from 01.04.2001 to till the date of
retirement on 30.04.2021 similar to junior in the light of G.O.Ms.No.22
P&AR Department dated 28.02.2006 and the order made by the District
Educational Officer, Paramakudi in Na.Ka.No.2648/A1/2008 dated
30.04.2012 along with the half of contingencies service paid from
https://www.mhc.tn.gov.in/judis/ 3
WP.Nos.14491, 14495, 14498, 14502 & 14504/2021
01.04.1991 to 31.03.2001 for the purpose of old pension and to send
pension proposal to the 4th respondent to authorise the same with all
consequential arrear benefits with interest as per the pension rule within
time frame as fixed by this Court.
For Petitioners in
all WPs : Mr.I.Kanna Patel
For Respondents in
all WPs : Mr.C.Kathiravan
Government Advocate
COMMON ORDER
1. By consent, these writ petitions are taken up for final disposal and are disposed of by this common order.
2. Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the respondents.
3. The petitioners have filed the present writ petitions seeking for issuance of a writ of mandamus, directing the respondents to count the petitioners' service in full as qualifying service on completion of ten years notionally till the date of their retirement from service, by considering their representations dated 01.10.2020 ; 31.03.2021 ; 23.04.2021 ; 23.04.2021 and 16.06.2021 respectively.
4. This Court heard the submissions of the learned counsel for the https://www.mhc.tn.gov.in/judis/ 4 WP.Nos.14491, 14495, 14498, 14502 & 14504/2021 petitioners and the learned Government Advocate appearing for the respondents and perused the materials placed.
5. This Court, considering the limited scope of prayer sought for by the petitioners and without going into the merits of the claim made by them either in these writ petitions or in their respective representations, directs the respondents 1 to 3 to consider and dispose of the petitioners' representations dated 01.10.2020 ; 31.03.2021 ; 23.04.2021 ; 23.04.2021 and 16.06.2021 on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners herein.
6. The writ petition stands disposed of accordingly. No costs.
15.07.2021 AP Internet : Yes https://www.mhc.tn.gov.in/judis/ 5 WP.Nos.14491, 14495, 14498, 14502 & 14504/2021 To
1.The Secretary to Government State of Tamil Nadu Environment & Forest Department Fort St George, chennai-9.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai-15.
3.The District Forest Officer, Nilgiri Forest Division, Udhagamandalam, The Nilgiris District.
4.The Principal Accountant General of Tamil Nadu, Teynampet Chennai – 18.
https://www.mhc.tn.gov.in/judis/ 6 WP.Nos.14491, 14495, 14498, 14502 & 14504/2021 S.S.SUNDAR, J., AP WP.Nos.14491, 14495, 14498, 14502 & 14504/2021 15.07.2021 https://www.mhc.tn.gov.in/judis/ 7