Madrasi Bench allowed a writ petition seeking family pension and terminal benefits. The petitioner claimed counting of half service as Social Forestry Worker and full service as Forest Watcher based on binding precedents.
Writ of Mandamus directing respondents to count qualifying service and sanction eligible family pension and terminal benefits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.12.2016
CORAM:
THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN
W.P.(MD)No.24565 of 2016
Deivam
... Petitioner
Vs.
1.The Government of Tamil Nadu, Rep.by the Secretary to Government, Finance (Pension) Department, Fort St.George,
Chennai – 9.
... Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to count the half of the service rendered by the petitioner's husband as Social Forestry Worker / Plot Watcher from 01.01.1981 to 06.05.2003 along with regular service as Forest Watcher from 06.05.2003 till his date of death 18.02.2012 as the qualifying service and send the pension proposal to the 2nd respondent and to further direct the 2nd respondent to sanction the eligible family pension and all other terminal benefits to the petitioner.
For Petitioner : Mr.J.Lawrance For Respondents : Mr.A.K.Baskarapandian, Spl.G.P.for R1, 3 to 5 Mr.P.Gunasekaran for R2
O R D E R
The petitioner seeks for a Writ of Mandamus, directing the respondents 1 to 5 to count the half of the service rendered by the petitioner's husband as Social Forestry Worker / Plot Watcher from https://hcservices.ecourts.gov.in/hcservices/ 01.01.1981 to 06.05.2003 along with regular service as Forest Watcher from 06.05.2003 till his date of death 18.02.2012 as the
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qualifying service and send a pension proposal to the 2nd respondent and further, direct the 2nd respondent to sanction the eligible family pension and all other terminal benefits to the petitioner.
3.It is admitted on both sides that the issue raised in this Writ petition is covered by the decision of N.Paul Vasanthakumar,J., in W.P.No.8205 of 2011 dated 19.04.2011 and W.P.No.13832 of 2011 dated 29.06.2011. Both these orders were confirmed by the Division Bench in W.A.Nos.27 and 28 of 2012 by a common judgment dated 13.02.2012. The Special Leave petition filed by the State against these judgments in S.L.P.(Civil) Nos.14838 and 14839 of 2012 were also dismissed on 10.05.2012.
4.Therefore, the Writ petition is allowed on the same lines as the above Writ petitions were allowed. The order shall be implemented within a period of 12 weeks from the date of receipt of a copy of this order. No costs.
Sd/-
Assistant Registrar (CS-II)
/True copy/
Sub Assistant Registrar/
To
JS/em/25.01.2017/2p-9c
W.P.(MD)No.24565 of 2016 22.12.2016
2 issues framed by the court
Whether the Respondent should count half service as Social Forestry Worker and full service as Forest Watcher for pension purposes.
Whether the petitioner is entitled to family pension and terminal benefits.
Colour shows how this judgement treated each authority
N.Paul Vasanthakumar, J.Explained¶25
W.P.No.8205 of 2011 dated 19.04.2011
N.Paul Vasanthakumar, J.Explained¶25
W.P.No.13832 of 2011 dated 29.06.2011
Common JudgmentRelied on¶25
W.A.Nos.27 and 28 of 2012
State of Tamil NaduReferred¶25
S.L.P.(Civil) Nos.14838 and 14839 of 2012
1 provisions across 1 enactments
Deivam
Government of Tamil Nadu
Principal Accountant General
Principal Chief Conservator of Forests
District Forest Office, Theni
Divisional Forest Officer, Varusanadu
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
