GOVERNMENT OF TAMIL NADU Vs. S. SYED HUSSAIN

JUDGEMENT

(1.) Challenge in this writ appeal is to the order of the writ court 18.01.2016 made in W.P. No.39756 of 2015. The appellants herein are the respondents before the writ court and the respondent herein is the writ petitioner.

(2.) The respondent, who is the writ petitioner, was appointed as a temporary plot watcher in the services of the Forest department on 10.01.1983 and his services were regularised on 15.05.2008 and he retired on 31.08.2015. As his services were regularised after 25 years, he prayed for counting of 50% of the temporary services rendered by him along with his remaining service for the purpose of calculating the pension and retiral benefits by filing a writ of mandamus in W.P. No.39756 of 2015. 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 the 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 vide G.O.(3D) No.52 Environment and Forests (FR.2-II) Department dated 21.12.2016.