LAWS(MAD)-2014-11-245

STATE OF TAMILNADU Vs. S.D. SYED SHERFUDEEN

Decided On November 26, 2014
STATE OF TAMILNADU Appellant
V/S
S.D. Syed Sherfudeen Respondents

JUDGEMENT

(1.) HEARD Mr. N. Inbanathan, learned Government Advocate (Forest) appearing for the appellants and Mr. R. Nateshkumar, learned counsel appearing for the respondent.

(2.) THIS writ appeal is filed against the order made in W.P.No.31072 of 2004, dated 24.11.2011, wherein the respondent has challenged the order dated 17.10.2000 issued by the 1st appellant/Government rejecting the request of the respondent to award monetary benefits with effect from 01.11.1980 on the ground that the respondent has not discharged the duties in the promoted post. The learned single Judge allowed the writ petition and gave a direction to give monetary benefits from 01.11.1980. The said order is now challenged by the appellants in this writ appeal.

(3.) PURSUANT to the said direction issued by the Tamil Nadu Administrative Tribunal, the Government had issued G.O.Ms.No. 492, Environment and Forest (Forest.2) Department, dated 24.12.1997 by relaxing the rule exercising power under General Rule 48 of the Tamil Nadu State and Subordinate Services Rules and granted promotion to the respondent from 01.11.1980 in the post of Forest Ranger with a condition that the respondent will get monetary benefit only from the date of issuance of the said G.O.Ms.No. 492, dated 24.12.1997. The respondent submitted a representation on 09.11.1998 claiming monetary benefits and the said request was negatived by the 1st respondent, by order dated 17.10.2010.