R. Prabakaran v. Union Of India, Rept. By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.49816, 49817 & 49819 of 2025 1.R. Prabakaran 2.P.Sugumar 3.K.Babu 4.S.Sivakumar 5.Pachaiappan .....

Petitioners Vs 1.Union of India, Rep. by The Government of Puducherry through the Secretary to Government of Health And Family Welfare Services, Chief Secretariat, Puducherry-605 001.

2.The Director, Directorate of Health and Family Welfare Services, Puducherry-605 001.

3.The Director, Directorate of Accounts and Treasuries, Puducherry-605 001.

4.The Secretary Indian Red Cross Society (Puducherry Branch), Health Department Complex, Victor Simonal Street, Puducherry-605 001.

.....

Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the second respondent with No.18024/35/LS/DHFWS/2025 dated 20.06.2025 and to quash the same and consequently to direct the respondents to regularise the services of the petitioners.

For Petitioners : Mr.V.Ajayakumar For R1 to R3 : Mr.A.Tamilvanan Addl. Govt Pleader (Puducherry)

ORDER

This Writ Petition has been filed challenging the order dated 20.06.2025 passed by the second respondent, thereby rejecting the request made by the petitioners seeking regularisation of their services. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader (Puducherry) appearing for the respondents 1 to 3. Perused the materials available on record. 3.The petitioners are working as Drivers and deputed to drive and deputed to drive ambulances attached by Health Department, Puducherry. The fourth respondent had offered engagement to the post of Drivers as Transport Volunteers to assist in the transportation of needy patients from the rural areas

of Ariyankuppam. Accordingly, the petitioners volunteered to assist in the ambulance transportation services and were appointed by the fourth respondent as Drivers for the ambulance. They were required to act as per the instructions of the Medical Officer in-charge of the Primary Health Centres. Further, their voluntary services were liable to be terminated without any notice, if they were found deficient in their commitment. Therefore, the petitioners were engaged by the fourth respondent on an outsourced basis on different occasions. They were posted in Primary Health Centres and entrusted with the assignment of 108 ambulance services and referral transport service for the public from urban areas to the higher medical institution, as and when required, free of cost and round the clock. Their monthly remuneration was paid by the fourth respondent. Hence, the petitioners cannot seek regularisation as a matter of right and the request made by the petitioner seeking regularisation of their services was rightly rejected by the respondent.

4.Therefore, the request made by the petitioner seeking regularisation of their service cannot be considered, since they were not appointed against any sanctioned posts in the Department of Health and Family Welfare Services, Puducherry. The respondents 1 to 3 are no way connected with the engagement of the petitioners and in fact, the petitioners had voluntarily joined with the

fourth respondent to drive the ambulances. Hence, the request made by the petitioner for regularisation was rightly rejected. 5.In view of the above, this Court finds no infirmity or illegality in the order dated 20.06.2025 passed by the second respondent. Thus, the writ petition lacks merit and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs.

25.11.2025 (2/2) Internet: Yes Index : Yes/No Lpp To 1.The Secretary to Government of Health And Family Welfare Services, The Government of Puducherry Chief Secretariat, Puducherry-605 001.

2.The Director, Directorate of Health and Family Welfare Services, Puducherry-605 001.

3.The Director, Directorate of Accounts and Treasuries, Puducherry-605 001.

G.K.ILANTHIRAIYAN. J, Lpp (2/2) 25.11.2025