Madras High Court
S.Panneer Selvam vs The Government Of Tamil Nadu on 16 December, 2015
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.12.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P(MD)No.22651 of 2015
S.Panneer Selvam ... Petitioner
Vs.
1.The Government of Tamil Nadu,
represented by its Principal Secretary to Government,
Finance (Pension) Department,
Fort St. George,
Chennai ? 2.
2.Principal Chief Conservator of Forests,
Panagal Building,
Chennai ? 600 015.
3.Wild Life Warden
Megamalai Wild Life Division
Megamalai,
Theni District.
4.The Principal Accountant General of Tamil Nadu,
Office of Accountant General,
Teynampet,
Chennai-18 ... Respondents
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus, directing the respondents 1 to 3, to
count the half of the service rendered by the petitioner as a social forestry
worker from 01.11.1984 to 06.08.2009 along with the regular service as Plot
Watcher from 07.08.2009 to 31.03.2015 as the 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.R.Anandaraj, G.A. for RR1 to 3
Mr.P.Gunasekaran for R4
:ORDER
Heard both sides. By consent of both parties, the writ petition is taken up for final disposal.
2.The petitioner was initially appointed as Social Forestry Watcher temporarily on daily wage basis from 01.11.1984. His service was regularised on 07.08.2009 and he retired from service on 31.03.2015.
3.The grievance of the petitioner is that 50% of the service rendered by him prior to regularization is not taken into account for the purpose of pension and other benefits as per Rule 11(2) of Tamil Nadu Pension Rules, He has relied on a decision of the Division Bench of this Court in W.A.Nos.27 and 28 of 2012, dated 13.02.2012 ? Government of Tamil Nadu rep. by its Secretary to Government V. MK.Gopal, which was confirmed by the Hon'b le Apex Court in S.L.P.Nos.14838-14839 of 2012 in G.O.Ms.No.183, Environment and Forests(FR-2) Department, dated 18.07.2012. Further, I have also passed an order in detail to count 50% of service rendered before regularization in the case of P.Chinniyan Vs. State of Tamil Nadu reported in 2014(7) MLJ 316.
4.In these circumstances, the writ petition is disposed of directing the first respondent to count 50% of service rendered by the petitioner before regularisation along with service rendered after regularization for the purpose of pension and other terminal benefits in the light of Rule 11(2) read with 11(4) of the Tamil Nadu Pension Rules and also the judgments referred to above and submit the revised pension proposal of the petitioner for the terminal benefits for authorization before the fourth respondent, within a period of twelve weeks from the date of receipt of a copy of this order and the fourth respondent is directed to authorise the same within a period of two weeks, thereafter. No costs.
To
1.The Principal Secretary to Government, Government of Tamil Nadu, Finance (Pension) Department, Fort St. George, Chennai ? 2.
2.Principal Chief Conservator of Forests, Panagal Building, Chennai ? 600 015.
3.Wild Life Warden Megamalai Wild Life Division Megamalai, Theni District.
4.The Principal Accountant General of Tamil Nadu, Office of Accountant General, Teynampet, Chennai-18 .