Madras High Court
S.Radhan vs The State Of Tamil Nadu on 23 February, 2021
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.P.(MD) No.3465 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.3465 of 2021
S.Radhan ...Petitioner
Vs.
1.The State of Tamil Nadu,
rep. by its Secretary to Government,
Environment and Forest Department,
Fort St. George,
Chennai – 9.
2.The Principal Chief Conservator of Forest,
Panagal Building,
Saidapet,
Chennai – 15.
3.The District Forest Officer,
Thiruvarur Forest Division,
Thiruvarur,
Thiruvarur 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 1 to 3 respondents
to consider the Petitioner's representation, dated 19.08.2020, with regard
to count the petitioner's husband's service in full as qualifying service by
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W.P.(MD) No.3465 of 2021
absorbing the Supernumerary Forest Watcher Service on completion of
ten years nationally from 01.05.2001 to till the date of petitioner's
husband died on 07.09.2017 similar to Junior in the light of G.O.Ms.No.
22 P and 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
01.05.1991 to 30.04.2001 for the purpose of old pension and to send
pension proposal to the 4th respondent to authorise the same with all
consequential arrears benefits with interest as per the Pension Rule
within time frame as fixed by this Court.
For Petitioner : Mr.I.Kanna Patel
For Respondents : Mr.A.Muthu Karuppan for R1 to R3
Additional Government Pleader
Mrs.S.Mahalakshmi for R4
Standing Counsel
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2.Since the petitioner's request to the respondents to count the petitioner's husband's service in full as qualifying service by absorbing the Supernumerary Forest Watcher Service on completion of ten years nationally from 01.05.2001 to till the date of petitioner's husband died on 07.09.2017 similar to Junior in the light of G.O.Ms.No.22 P and AR http://www.judis.nic.in 2/6 W.P.(MD) No.3465 of 2021 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 01.05.1991 to 30.04.2001 for the purpose of old pension and to send pension proposal to the 4th respondent to authorise the same with all consequential arrears benefits with interest as per the Pension Rule, was not considered, the Writ Petition has been filed. According to the petitioner, she has made a representation in this regard on 19.08.2020, which is still pending.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
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4. In the light of the above observations, it would be appropriate to direct the second respondent herein to consider the petitioner's representation dated 19.08.2020, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
5.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation dated 19.08.2020, on its own merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs.
23.02.2021 Index : Yes / No Internet : Yes / No TM http://www.judis.nic.in 4/6 W.P.(MD) No.3465 of 2021 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 State of Tamil Nadu, rep. by its Secretary to Government, Environment and Forest Department, Fort St. George, Chennai – 9.
2.The Principal Chief Conservator of Forest, Panagal Building, Saidapet, Chennai – 15.
3.The District Forest Officer, Trichy Forest Division, District Court Compound, Trichirappalli, Trichy District.
4.The Principal Accountant General of Tamil Nadu, Teynampet, Chennai – 18.
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