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Madras High CourtWP/26233/2024disposed of

P.Ilango v. Union Of India

2024-09-09Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.P.Ilango S/o.A.Pakkiri 2.M.Sadadharan S/o.Mandjiny ... Petitioners Vs.

1.Union of India represented by its Secretary (LA), Local Administration Secretariat, Government of Puducherry, Puducherry.

2.The Director, Local Administrative Department, Government of Puducherry, Puducherry.

3.The Commissioner, Pondicherry Municipality, Puducherry.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to consider the petitioners' representation dated 02.06.2024 and to extend the benefit of the Office Memorandum dated 03.03.2023 and to cover the 1/4

services of the petitioners under the CCS (Pension) Rules, 1972 by giving one time option.

For Petitioners : Mr.R.Saravanan For Respondents : Mr.R.Sreedhar Additional Government Pleader [Pondy] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to consider the petitioners' representation dated 02.06.2024 wherein the petitioners are seeking for extension of benefit of the Office Memorandum dated 03.03.2023 and to cover the services of the petitioners under the CCS (Pension) Rules, 1972 by giving one time option.

2. Heard Mr.R.Saravanan, learned counsel for petitioners and Mr.R.Sreedhar, learned Additional Government Pleader [Pondy] appearing for respondents.

3. The case of the petitioners is that they were appointed as Gangmen in the year 2003. The third respondent, thereafter, forwarded the proposal to the second respondent. Ultimately, the second respondent 2/4

passed the order dated 09.12.2004 approving appointment of the petitioners on compassionate ground. The further case of the petitioners is that they are entitled to be covered under the old pension scheme by extending the benefit of the Office Memorandum dated 03.03.2023. The petitioners submitted a representation dated 02.06.2023 in this regard. Since the same did not evoke any response from the respondents, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to deal with the petitioners' representation dated 02.06.2023 on its own merits and in accordance with law and take a final decision within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. The petitioners are directed to make fresh individual representations to the second respondent along with all relevant documents and also a copy of this order.

N.ANAND VENKATESH, J 3/4

gm This writ petition is disposed of with the above direction. No costs.

09.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Secretary (LA), Union of India Local Administration Secretariat, Government of Puducherry, Puducherry.

2.The Director, Local Administrative Department, Government of Puducherry, Puducherry.

3.The Commissioner, Pondicherry Municipality, Puducherry.

(2/2) 4/4