GOVERNMENT OF TAMIL NADU Vs. RANI

JUDGEMENT

(1.) Challenge in this writ appeal is to the order of the writ court dated 27.01.2016 made in W.P. No.2633 of 2016. The appellants herein are the respondents before the writ court and the respondent herein is the writ petitioner.

(2.) The respondent herein/writ petitioner is the wife of one P.Govindan. Her husband was appointed as a temporary plot watcher in the services of the third appellant department on 01.01.1981 and his services were regularised on 10.05.2003 and he died on 17.02.2011, while he was in service. As his services were regularised after 22 years, she prayed for counting of 50% of the temporary services rendered by her husband along with his remaining service for the purpose of calculating pension and retiral benefits by filing a writ of mandamus in W.P. No.2633 of 2016. The said writ petition was allowed, based on the judgment passed in W.A. Nos.27 and 28 of 2012 dated 13.02.2012. The appellants were directed to consider and dispose of petitioner's representation based on the orders passed in the above referred writ appeal in a time bound manner. It is also to be noted that the said issue of counting 50% of the temporary services rendered by a person for computing the pensionary benefits is no longer res integra in view of the recent judgment of the Full Bench of this court in Government of Tamil Nadu and Ors. vs. R. Kaliyamoorthy,2019 6 CTC 705 .

(3.) However the learned Government Pleader representing the appellants would state that the order passed by the learned single Judge was implemented and given effect in G.O. (3D) No.44 Environment and Forests (FR-2) Department. The learned counsel appearing for the respondent/writ petitioner affirms the statement of the learned Government Pleader.