G.Suresh v. The Government Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2025
CORAM:
THE HON'BLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN G. Suresh ... Petitioner Vs.
1. The Government of Puducherry, Rep., by the Chief Secretary to Government, Chief Secretariat, Puducherry-605 001.
2. The Director, Local Administrative Department, No.16, Suffren Street, Puducherry-605 001.
3. The Commissioner, Officer of the Commissioner, Yanam Municipality, Yanam-533 464.
4. The District Rural Development Agency, rep., by the Assistant Employment Officer, Town Employment Exchange, 203, Jawaharlal Nehru Street, Pondicherry-605 001.
... Respondents 1/6
Prayer: This Writ petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 19.02.2021 and 21.10.2024 and consequently grant pensionary benefits to him under the Old Pension Scheme and other benefits by taking into account of his initial date of appointment i.e., 04.05.1988. For Petitioner : Mr.D.Sreenivasan For respondents : Mr.A.Tamilvanan Additional Government Pleader (Pondy)
ORDER
This Writ Petition is filed by the petitioner seeking direction to respondents to consider the petitioner's representation dated 19.02.2021 and 21.10.2024 and consequently to grant pensionary benefits to him under the Old Pension Scheme and other benefits by taking into account of his initial date of appointment i.e., 04.05.1988.
2. The brief facts of the case as per the affidavit enclosed to this Writ Petition are that the petitioner was employed and designated as Technical Assistant at District Rural Development Agency (D.R.D.A), 2/6
Yanam, on 04.05.1988 as Daily rated employee. On 05.04.1995, petitioner was granted Temporary Status by the 4th respondent. On 10.09.2004, petitioner was disengaged from service and subsequently, with the approval of the Government of Puducherry, his engagement in service was continued with the 3rd respondent Municipality vide order dated 17.05.2005, issued by the 2nd respondent. On 31.07.2015, the 1st respondent vide G.O.Ms.No.15/LAS/2015-16 had examined and considered the regularization as a One Time Measure for the regularization of the 55 Nos. of Technical Assistants, 43 Nos. of Mazdoor and 16 Nos of Maistries against the vacancies in the direct recruitment quota.
Further the 1st respondent in the said order regularized the employees in the existing direct recruitment quota vacancies of Group 'C" posts as a One Time Measure by relaxation of appropriate provision of recruitment rules. Petitioner's service was regularized and he was promoted as Work Inspector in Yanam Municipality on 04.08.2015 and his appointment was acknowledged vide office order dated 10.08.2015 passed by the 3rd respondent. Petitioner has completed his probation period and the same was declared vide order dated 25.02.2019 issued by the 3rd respondent. Till date he was working as Work Inspector in the 3rd respondent Municipality.
to the 3rd respondent on 19.02.2021 and 21.10.2024, requesting to consider petitioner's service from the year 1988 and grant pensionary benefits under the Old Pension Scheme, however the third respondent has neither replied nor responded, hence petitioner has filed this Writ Petition seeking for suitable relief.
3.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders. 4.The learned counsel for the respondents submitted that they will consider the representations of the petitioner and pass orders in accordance with law.
5.Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the records.
6. Considering the facts and circumstances of the case and the submissions made by both sides, this Court is inclined to issue direction to third respondent to consider the representations of the petitioner dated 4/6
19.02.2021 and 21.10.2024 and dispose of the same by passing appropriate order in the manner known to law, within a period of eight weeks from the date of receipt of copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs.
31.01.2025 gbi Index: Yes/No To
1. The Government of Puducherry, Rep., by the Chief Secretary to Government, Chief Secretariat, Puducherry-605 001.
2. The Director, Local Administrative Department, No.16, Suffren Street, Puducherry-605 001.
3. The Commissioner, Officer of the Commissioner, Yanam Municipality, Yanam-533 464.
4. The District Rural Development Agency, rep., by the Assistant Employment Officer, Town Employment Exchange, 203, Jawaharlal Nehru Street, 5/6
Pondicherry-605 001.
V.BHAVANI SUBBAROYAN, J.
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