T.Durairaj, v. Government Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2023 CORAM :

THE HONOURABLE DR. JUSTICE D.NAGARJUN and W.M.P.No.1 of 2013 T.Durairaj ... Petitioner Vs.

1.

Government of Puducherry, Rep. by its Secretary, Local Administration Department, Chief Secretariat, Puducherry - 605 001.

The Director, Local Administration Department, No.21, Evache Street, Puducherry - 605 001.

Karaikal Municipality, Rep. by its Commissioner, Dr.Ambedhkar Street, Karaikal - 609 602.

....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, directing the third respondents to regularize the services of the petitioner and to absorb him as Junior Assistant with effect Page No.1 of 4

from 2001 and to consequently direct the respondents to count service rendered by him as Non Muster Roll for all other purposes including for the purpose of terminal benefits.

For petitioner :

Mr.V.Govardhanan For respondents : Ms.G.Djearany Government Advocate

O R D E R

This writ petition is filed seeking for a mandamus directing the second respondent to regularize the service of the petitioner and absorb him as Junior Assistant with effect from 2001.

Learned Counsel for the respondent submitted that the service of the petitioner was regularized in the year 2014 as a full time casual labourer. It is further submitted by the learned counsel for the respondents that according to the instructions obtained, the petitioner is no more. 4.

Learned counsel for the petitioner would submit that he tried to contact the petitioner but there was no response. Perhaps, he is no more. Similarly the legal representatives of the deceased petitioner are also not coming forward to prosecute.

5.

Considering the submissions made by both the sides and on Page No.2 of 4

perusal of records, since the petitioner is no more the cause does not survive. In view of the above, this writ petition is dismissed as abated and liberty is given to the legal representatives of the deceased petitioner, in case, if they appear and intend to continue and restore this writ petition.Connected W.M.P. is closed.

16.11.2023 vca To:

1.

The Secretary, Government of Puducherry, Local Administration Department, Chief Secretariat, Puducherry - 605 001.

The Director, Local Administration Department, No.21, Evache Street, Puducherry - 605 001.

The Commissioner, Karaikal Municipality, Dr.Ambedhkar Street, Karaikal - 609 602.

Page No.3 of 4

DR. D.NAGARJUN ,J.

vca W.P.No.35287 of 2015 and W.M.P.No.1 of 2013 16.11.2023 Page No.4 of 4