Madras High Court
V. Boopalan vs Government Of Tamil Nadu on 5 May, 2017
Author: V.Parthiban
Bench: V.Parthiban
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.05.2017
CORAM:
THE HONOURABLE Mr. JUSTICE V.PARTHIBAN
W.P. Nos. 11682 to 11690 of 2017
W.P.No.11682 of 2017
V. Boopalan ...Petitioner
..Versus..
1. Government of Tamil Nadu
Rep. by its Principal Secretary to Government,
Forest and Environment Department,
Fort St. George,
Chennai - 600 009.
2. The Principal Chief Conservator of Forests,
Head of Forest Force,
No. 1, Jeenis Road,
Panagal Building,
Saidapet, Chennai - 15.
3. The District Forest Officer,
Hosur Forest Division,
Hosur - 635 110,
Krishnagiri District.
4. The Accountant General of Tamilnadu,
Office of the Accountant General,
Anna Salai, Teynampet,
Chennai - 18. ...Respondents
PRAYER IN W.P.NO.11682 OF 2017:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to count half of the service rendered by the petitioner as plot watcher from 01.03.1982 to till 01.09.2004 along with regular service rendered by the petitioner as Forest Watcher in the Regular Post from 02.09.2004 to 31.03.2016 as qualifying service for pensionary benefits and send the proposal to the 4th respondent for grant pension with all consequential monetary benefits.
For Petitioners in all W.Ps. : Mr.M.R.Jothimaniyan
For Respondents in all W.Ps. : Mr.N.Inbanathan, Government Advocate (Forest)
C O M M O N O R D E R
By consent, the main Writ Petitions are taken up for final disposal.
2. The petitioners have come up with the present writ petitions, praying for issuance of a writ of mandamus, directing the respondents to count half of the service rendered by them as Social Forestry Worker/Plot Watchers on daily wage basis along with the regular service rendered by them as Plot Watchers/Forest Watcher/Forest Guard/Night Watchman till the date of their retirement as qualifying service and send the revised proposal to the respondent/Accountant General of Tamilnadu, Office of the Accountant General, Anna Salai, Teynampet, Chennai, for grant of pension to them with all consequential monetary benefits.
3. Today, when the cases came up for admission, learned counsel appearing for the petitioners has submitted that the issue involved in these Writ Petitions is no longer res integra, as similarly placed person filed W.P. No. 8205 of 2011, seeking to count half of the service rendered by him on temporary basis along with regular service, as qualifying service for the purpose of calculation of pension and other retirement benefits. The said Writ Petition was allowed by this Court, by order dated 19.04.2011, which was also confirmed by the Hon'ble Division Bench of this Court, by judgment dated 13.02.2012, passed in W.A. Nos. 27 & 28 of 2012, and the same was also affirmed by the Hon'ble Supreme Court, by order dated 10.05.2012, passed in Special Leave Petitions, viz, in SLP (C) Nos. 14838 to 14839 of 2012 and 16119 to 16120 of 2012, and the Revision Petition (C) No.1418 of 2013, filed against the said order, dated 10.05.2012, was also dismissed by the Hon'ble Supreme Court, by order, dated 30.07.2013, and the order was also implemented by the Government by issuing G.O.Ms. No.183 Environment and Forest Department, dated 18.07.2012. Therefore, the learned counsel submitted that following the order, dated 19.04.2011, made in W.P. No. 8205 of 2011, the present Writ Petitions may also be allowed.
4. The learned Government Advocate, who accepts notice on behalf of the respondents has fairly conceded that the issue involved in the Writ Petitions is covered by the order, dated 19.04.2011, made in W.P. No. 8205 of 2011, relied upon by the learned counsel appearing for the petitioners.
5. Thus, in the light of the order, dated 19.04.2011, passed by this Court in W.P. No. 8205 of 2011, and considering the fact that, following the said order, umpteen number of Writ Petitions were also allowed, present Writ Petitions are also allowed. Consequently, the respondents 1 to 3 are directed to count half of the service rendered by the petitioners on daily wages basis along with regular service rendered by them till the date of retirement, as qualifying service, and send revised proposals to the respondent/Accountant General, Teynampet, Chennai, within a period of eight weeks from the date of receipt of a copy of this order, and the Accountant General, is directed to consider the same and pass necessary orders within a period of six weeks thereafter. No costs.
05.05.2017 sd Index : yes/no To
1. Government of Tamil Nadu Rep. by its Principal Secretary to Government, Forest and Environment Department, Fort St. George, Chennai - 600 009.
2. The Principal Chief Conservator of Forests, Head of Forest Force, No. 1, Jeenis Road, Panagal Building, Saidapet, Chennai - 15.
3. The District Forest Officer, Hosur Forest Division, Hosur - 635 110, Krishnagiri District.
4. The Accountant General of Tamilnadu, Office of the Accountant General, Anna Salai, Teynampet, Chennai - 18.
V.PARTHIBAN.,J., sd W.P. Nos. 11682 to 11690 of 2017 05.05.2017 http://www.judis.nic.in