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Madras High CourtWP/50190/2025disposed of with direction

S.Kalyaperumal Retd. Pensioner v. The Union Territory Of Puducherry

2026-01-05Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2026 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.

50190 of S.Kaliyaperumal ... Petitioner Vs.

1.The Union Territory of Puducherry, Rep. By the Chief Secretary to Government, Chief Secretariat, Goubert Avenue, Puducherry - 605 001.

2.The Director, Local Administration Department, No.16, Sufferen Street, Puducherry - 605 001.

3.The Commissioner, Puducherry Municipality, Puducherry - 605 001.

4.The Commissioner, Karaikal Municipality, Karaikal - 609 602.

(R4 Suo-motu impleaded as per order dated 05.01.2026 by MDIJ in W.P.No.50190 of 2025) ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the third respondent to consider Page No.1 of 6

the representation dated 06.09.2025 and the reply given by the third respondent on 07.03.2025.

For Petitioner :

Mr.P.Suresh For Respondents :

Mr.V.Vasanthakumar, Additional Government Pleader (Puducherry)

O R D E R

This writ petition has been filed by the petitioner to direct the third respondent to consider the representation dated 06.09.2025 and the reply given by the third respondent on 07.03.2025.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the petitioner was entered into service as Maistry on 17.09.1983 in the Karaikal Municipality and retired on 31.01.2012. However, his pay arrears were not settled to him from 01.01.1996 to 31.01.2012. In this regard, he sent a representation dated 05.02.2024 to the Commissioner of Karaikal Municipality, who in turn replied that the petitioner's claim will be considered, after verification of the particulars by the authorities concerned. However, no order was passed, as on Page No.2 of 6

date. Hence, the petitioner has come forward with the present writ petition.

4. Learned counsel for the petitioner would submit that the petitioner has made several representation to the third respondent, seeking pending pay arrears for the period from 01.1.1996 to 31.01.2012, however, no order was passed. Hence, he prayed this Court that direction may be issued to the respondents to consider the petitioner's representation dated 06.09.2025.

5. Learned Additional Government Pleader appearing for the respondents submitted that the competent authority to consider the petitioner's case is the Commissioner, Karaikal Municipality, Karaikal, who is not a party in this writ petition. Hence, this Court may suo-motu implead the The Commissioner of Karaikal Municipality as one of the respondents and issue a direction to consider the petitioner's representation within a stipulated time frame to be fixed by this Court.

6. Heard the learned counsel on either side and perused the materials available on record.

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7. Considering the submission made by the learned Additional Government Pleader appearing for the respondents, it is necessary to implead the Commissioner, Karaikal Municipality, Karaikal as one of the respondents in this writ petition, since he is the competent authority to consider the case of the petitioner. Accordingly, The Commissioner, Karaikal Municipality, Karaikal is suo-motu impleaded as fourth respondent by this court.

8. In view of the above factual matrix of the case, this Court issues the following directions:

(i) The petitioner is directed to give a fresh representation to the fourth respondent/The Commissioner, Karaikal Municipality, Karaikal, within a period of two weeks from the date of receipt of a copy of this order. (ii) On receipt of the said representation, the fourth respondent/ The Commissioner, Karaikal Municipality, Karaikal is directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks thereof.

Page No.4 of 6

With the aforesaid directions, this writ petition stands disposed of. No costs.

05.01.2026 Note: Registry is directed to carry out the necessary amendment in the cause title.

vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.The Chief Secretary to Government, Chief Secretariat, Goubert Avenue, Puducherry - 605 001.

2.The Director, Local Administration Department, No.16, Sufferen Street, Puducherry - 605 001.

3.The Commissioner, Puducherry Municipality, Puducherry - 605 001.

4.The Commissioner, Karaikal Municipality, Karaikal - 609 602.

Page No.5 of 6

M.DHANDAPANI,J.

vm 05.01.2026 Page No.6 of 6