Madras High CourtWP/19293/2020disposed of

Rajesh Dsilva v. Union Territory Of Puducherry

2023-07-27Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2023

CORAM

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Rajesh Dsilva ... Petitioner Vs.

1.Union Territory of Puducherry rep. By its Under secretary Department (LA) Puducherry.

2.The Director, Local Administration Department, Puducherry.

3.The Commissioner, Mahe Municipality, Puducherry Union Territory. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 2 and 3 to consider the petitioner's representation dated 06.02.2006 for absorption to the post of Overseer Grade I in the Engineering wing of the Mahe Municipality, Puducherry U.T., with effect from the year 2008 or such other date of actual vacancy and grant all other consequential

benefits including monetary benefits flowing therefrom. For Petitioner : Mr.Swarnam Rajagopalan For Respondents : M/S.G.Djearany Government Advocate

O R D E R

This writ petition has been filed for issuance of writ of mandamus, directing the respondents 2 and 3 to consider the petitioner's representation dated 06.02.2006 for absorption to the post of Overseer Grade I in the Engineering wing of the Mahe Municipality, Puducherry U.T., with effect from the year 2008 or such other date of actual vacancy and grant all other consequential benefits including monetary benefits flowing therefrom.

2. Heard Mr.Swarnam Rajagopalan, learned counsel appearing for the petitioner and M/S.G.Djearany, learned Government Advocate appearing for the respondents and perused the materials available on record.

3. Though very many grounds have been raised in this Writ

Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 06.02.2006 and pass appropriate orders on merits, within a particular time frame to be fixed by this Court.

4. The learned Government Advocate appearing for the respondents submitted that the petitioner may be directed to give fresh representation for consideration by the respondents.

5. In the light of the limited scope of prayer sought for in this writ petition and the submissions of the learned counsel on either side, this Court directs the petitioner to give a fresh representation to the 2nd and 3rd respondents within a period of two weeks from the date of receipt of a copy of this order and the same to be considered on merits in accordance with law and pass appropriate orders in the light of the judgement passed by this Court in W.P.No.16009 of 2009 dated 17.09.2010 within a period of four weeks from the date of receipt of a copy of this order.

J.SATHYA NARAYANA PRASAD ,J., mpa

6. The writ petition is disposed of with the above direction and observations. However, there shall be no order as to costs. 27.07.2023 (2/2) mpa To 1.The Under secretary Department (LA) Puducherry.

2.The Director, Local Administration Department, Puducherry.

3.The Commissioner, Mahe Municipality, Puducherry Union Territory.