The relief sought for in this writ petition is for a direction to direct the respondents to sanction the payment of the pension to the petitioner in terms of Rule 11 (2) of Tamil Nadu Pension Rules, by taking his services rendered as the Plot Watcher from 1.1.1981 to 30.04.2003 and from 02.05.2003 till 30.04.2007 into account along with as Forester with all the consequential benefits by considering the representation dated 27.05.2013 made by the petitioner to the respondents 1 and 2, within a time frame.
2.The learned counsel appearing for the writ petitioner made a submission that the petitioner was appointed as Plot Watcher in the Forest Department on 01.01.1981 and he was serving till 30.04.2003. Subsequently, the petitioner had been appointed as Forester in Periyanaickanpalayam, Coimbatore Range and joined on 02.05.2003. The services of the writ petitioner was regularized with effect from 02.05.2003 in the post of Forester vide proceedings dated 31.10.2003.
3.The grievances of the writ petitioner is that the temporary services rendered by him as a Plot Watcher has not been taken into account for the purpose of calculating the pensionary benefits.
4.The learned counsel appearing for the writ petitioner states that as per the amended Rule 11(2) of the Tamil Nadu Pension Rules 1978 the writ petitioner is entitled for counting of 50% of the services rendered on temporary basis. In this regard the writ petitioner also submitted a representation to the respondents.
5.The learned Additional Government Pleader [Forest] states that the Tamil Nadu Pension Rules is applicable to the Government employees appointed on or before 01.04.2003. However, the petitioner was appointed after 01.04.2003 and employed by Contributory Pension Scheme as per the orders of G.O.Ms.259 Finance (Pension) Department, dated 06.08.2003. The Government order is applicable only to all the Government employees appointed after 01.04.2003 in all the departments.
6.Further, the learned Additional Government Pleader [Forest] states that granting pension to the petitioner will cause irreparable loss to the Government and public exchequer. The grand of pension of around Rs.5200/- (including Dearness Allowance) per month may lead to granting pension to about 5000 similarly placed persons of this department which may cost (5200X12X5000-Rs.31,20,00,000/-year) and also thousands of daily wages of other departments to the Government exchequer and this may become impossible for the government and expenditure in this regard will be huge.
7.The Court is bound to consider financial contingencies pleaded by the Government also. The financial condition of the Government is also necessarily to be considered while granting such kind of relief, which may have State level repercussions. Thus, before granting the relief of this kind the Court has to consider the financial implications.
8.The learned Additional Government Pleader states that in the event of directly granting such a benefit to the writ petitioner, other similarly placed persons will claim the benefits, then there will be a huge financial implications.
9.However, this Court cannot brush aside the grievances made by the petitioner in this regard. Even in the prayer the writ petitioner states that he is eligible of the services rendered on temporary basis as per the amended Rule 11(2) of the Tamil Nadu Pension Rules, 1978. Thus, it is left open to the respondents to consider all these aspects and pass orders in this regard.
10.In this view of the matter the second respondent is directed to consider the representation dated 27.05.2013 submitted by the writ petitioner and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
11.The writ petitioner is directed to enclose a copy of the representation along with the order passed by this Court to the respondents. With the above direction, the writ petition stands disposed of. However, there is no order as to costs.
27.11.2017 maya Index: Yes/No Speaking/Non-speaking order To
1.The Principal Secretary to Government Environmental and Forest (FR-2) Department Government of Tamil Nadu Fort St. George Chennai - 600 009.
S.M.SUBRAMANIAM,J.
maya
2.The Principal Chief Conservator of Forest Panagal House, Saidapet Chennai - 600 015.
3.The Accountant General (A&E) Tamil Nadu, No.261, Anna Salai No.261, Anna Salai Chennai - 600 018.
W.P. No.24791 of 2013 Date : 27.11.2017