Madras High Court
C.Sugumaran vs / on 16 August, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.17130 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.17130 of 2021
C.Sugumaran ... Petitioner
/Vs./
1.The Government of Tamil Nadu,
Rep. by its Secretary to Environment and Forest Department,
Fort St.George,
Chennai - 600 009.
2.The Principal Chief Conservator Of Forest,
O/o.The Prinicipal Chief Conservator of Forest,
Panagal Maligai, Saidapet,
Chennai - 15.
3.The Chief Conservator of Forest,
Social Forestry, Panagal Building,
Saidapet, Chennai - 15.
4.The Wild Life Warden,
Saambalnira Anil Sanctuary,
Srivilliputhur,
Virudhunagar District. ... Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17130 of 2021
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned order passed by the 1st Respondent in
G.O.No.3D No.2 dated 01-02-2019 and 4th respondent's proceedings in
Na.Ka.No.2656/2018/Pa dated 18-11-2019 and quash the same,
consequently direct the respondents to the count the temporary service
from 25-09-1985 to 21-05-2013 along with permanent service from
22-05-2013 to 31-05-2017 and pay all consequential benefits and
pension with arrears to the petitioner.
For Petitioner : Mr.A.Rajaram
For Respondents : Mr.G.Suriya Ananth
Additional Government Pleader
ORDER
This writ petition has been filed challenging the order dated 01.02.2019 passed by the first respondent and the order dated 18.11.2019 passed by the fourth respondent rejecting the petitioner’s request to count the temporary service from 25.09.1985 to 21.05.2013 as permanent service along with the permanent service period from 22.05.2013 to 31.05.2017 and pay all consequential benefits and pension with arrears to the petitioner.
2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17130 of 2021
2. The petitioner claims that he was appointed as Forest Watcher on 25.09.1985 and has been in continuous service since then, though he was regularized only with effect from 22.05.2013. Therefore, he claims that he has to be paid all his monetary benefits and he is also entitled for pension and arrears of pension with effect from 25.09.1985 being the date of his original appointment. He has given a representation to the respondents for the said purpose, which has been rejected under the impugned order of the first respondent dated 01.02.2019 and the order of the fourth respondent dated 18.11.2019.
3. A Counter affidavit has been filed by the respondents denying the contents of the petitioner. They would contend that the petitioner was employed as Forest Watcher as a temporary worker on consolidated pay basis and he was working with the respondent under the said appointment only from 25.09.1985 to 08.09.1989 and thereafter, he did not work. He was regularized into service of the respondents as Forest Watcher only on 22.05.2013. The respondents categorically contend that the petitioner was not in continuous service with the respondent from 25.09.1985 as contended by him in this writ petition. Since the petitioner did not satisfy the qualifying service period for getting pension working 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17130 of 2021 for more than 10 years, the first and fourth respondents have rightly passed the impugned order rejecting the petitioner’s request.
4. The learned Additional Government Pleader appearing for the respondents has also placed reliance on the Division Bench judgment of this Court dated 05.08.2024 passed in WA(MD)No.983 of 2018 in the case of State of Tamilnadu and Others vs. M.Sakthi and Another, wherein, the Division Bench of this Court, after taking into consideration the decision of the Hon’ble Supreme Court as well as the Full Bench decision of this Court, in the case of Government of Tamilnadu and Others vs. R.Kaliyamoorthy reported in 2019 (6) CTC 705 had allowed the writ appeal filed by the State by holding that those who have been 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. In the case on hand, admittedly, the petitioner was absorbed into the respondent's service only with effect from 22.05.2013 and therefore, as per the well settled law, he will not be entitled to count half of his past service for the purpose of determination of qualifying service for pension.
4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17130 of 2021
5. Admittedly, under the original appointment, the petitioner was appointed only on temporary basis and on consolidated pay basis. Though the petitioner contends that he has been in continuous service from 25.09.1985 onwards, the respondents have categorically denied the said statement, as they would contend that under the original temporary appointment, the petitioner was working only for the period between 25.09.1985 and 08.09.1989 and he was absorbed into respondent service as Forest Watcher only with effect from 22.05.2013.
6. The decision of the Division Bench judgment of this Court referred to supra is squarely applicable to the facts of the present case and the issue raised by the petitioner is no longer res integra and the prayer sought for by him in his representation has been rightly rejected under the impugned order of the first respondent dated 01.02.2019 and the consequential order of the fourth respondent dated 18.11.2019, as his request for payment of pension and arrears has been rightly rejected under the impugned orders.
5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17130 of 2021
7. For the foregoing reasons, there is no merit in this writ petition. Accordingly, this writ petition is dismissed. No costs.
16.08.2024
Index : Yes / No
NCC : Yes / No
Sm
6/8
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17130 of 2021
TO:
1.The Government of Tamil Nadu,
Rep. by its Secretary to Environment and Forest Department, Fort St.George, Chennai - 600 009.
2.The Principal Chief Conservator Of Forest, O/o.The Prinicipal Chief Conservator of Forest, Panagal Maligai, Saidapet, Chennai - 15.
3.The Chief Conservator of Forest, Social Forestry, Panagal Building, Saidapet, Chennai - 15.
4.The Wild Life Warden, Saambalnira Anil Sanctuary, Srivilliputhur, Virudhunagar District.
7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.17130 of 2021 ABDUL QUDDHOSE, J.
Sm Order made in W.P.(MD)No.17130 of 2021 Dated:
16.08.2024 8/8 https://www.mhc.tn.gov.in/judis