V.Jayakumar v. The Deputy Driector (Rd)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-12-2025

CORAM

THE HON'BLE Ms. JUSTICE P.T. ASHA and WMP No. 19196 of 2022 and WMP No. 48719 of 2025 1.V.Jayakumar Peon, Villianur Commune Panchayat, Villianur, Pondicherry- 605 110.

2.V.Gnanasegar Bill Collector Gr-II, Villianur Commune Panchayat, Villianur, Pondicherry- 605 110.

3.K.Cannane Maistry, Villianur Commune Panchayat, Villianur, Pondicherry- 605 110.

4.M.Balasubramanian @ PrabaharanTank Operator, Vilianur Commune Panchayat, Villianur, Pondicherry- 605 110.

5.A.Arun Mozhi.Devan Lower Division Clerk, Mannadipet Commune Panchayat, Thirubhvani, Pondicherry- 605 107. 6.A.Mouniappan Tank Operator, Villianur Commune Panchayat, Villianur, Pondicherry- 605 110.

7.M.Carounanidy Gangman, Villianur Commune Panchayat, Villianur, Pondicherry- 605 110.

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8.S.Ayappan Cleaner,Vilianur Commune Panchayat, Villianur, Pondicherry- 605 110.

9.C.Boominathan Bill Collector Gr-II, Vilianur Commune Panchayat, Villianur, Pondicherry605 110. ..Petitioners Vs 1.The Deputy Driector (RD)Local Administration Department, Government of Puducherry, Pondicherry- 605 001.

2.The Commissioner Villianur Commune Panchayat, Puducherry- 605 110.

..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents herein to grant pensionary benefits for the petitioners under Old Pension scheme by considering the representation dated 30.05.2022. For Petitioners :

Mr. D.Sreenivasan For Respondents:

Mr.Sreedhar, Additional Government Pleader(Puducherry)

ORDER

This Writ Petition has been filed seeking a direction to the respondents herein to grant pensionary benefits to the petitioners under Old Pension Scheme by considering their representation dated 30.05.2022.

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2. It is the case of the petitioners that they have been working as casual labourers in the Puducherry Local Administration Department and serving under the work charged establishment in Villianur and Mannadipet Commune Panchayats on a temporary basis as casual labourers. On 31.07.2015, a G.O.Ms.No.15/LAS/2015-16 was issued by the Under Secretary to the Government, Local Administration, Government of Puducherry, regularizing the petitioners in the work charged establishment. Though their regularization took place after 01.04.2004, they had been serving in the respective posts right from their appointment as casual workers.

3. While this being so, on 20.09.2016, an order was passed by the 1st respondent wherein the competent authorities accorded approval for counting 50% of the daily rated service rendered by the petitioners as qualifying service for the grant of pensionary benefits, in terms of the Pondicherry Commune Panchayat Subordinate Services (Retirement and Pension)Rules, 1976. Hence, the petitioners would submit that they are entitled to the benefits under the Old Pension Scheme and merely because they were initially appointed prior to 01.01.2004 and were absorbed into regular posts only after 01.01.2004, they cannot be treated as new entrants __________Page 3 of 6

to Government service. The petitioners have given a detailed representation to the respondents on 30.05.2022, setting out their grievances. However, no action has been taken to date. Hence, the petitioners are before this Court.

4. Heard the learned counsels and perused the materials available on record. Since the relief claimed is only for a speedy consideration of their representation without going into the merits of the case the following order is passed.

5. The writ petition is allowed and a Mandamus is issued to the respondents to consider the representation of the petitioners dated 30.05.2022 and pass a speaking order within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 05-12-2025 Index: Yes/No Speaking/Non-speaking order Srn __________Page 4 of 6

To 1.The Deputy Director (RD)Local Administration Department, Government of Puducherry, Pondicherry- 605 001.

2.The Commissioner Villianur Commune Panchayat, Puducherry- 605 110.

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P.T.ASHA J.

srn and WMP No. 19196 of 2022 and WMP No. 48719 of 2025 05-12-2025 __________Page 6 of 6