L.Ilangovan Vs Union of India

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ in the nature of writ of certiorarified Mandamus or any other writ or direction calling for the records on the file of the 3rd respondent in respect of proceedings No.1979/Estt(1)/OM/2022-23 dated 27.09.2022 and quash the same as illegal,

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incompetent and ultravires and consequently direct the 3rd respondent to implement the scheme of Temporary status with effect from the respective date of eligibility of the petitioners and to pay the arrears of difference in wages by the virtue of implementation of the temporary status from the respective dates of eligibility of the petitioners.

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For Petitioners : Mr. D. Sreenivasan

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For Respondents

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: Mr. J. Kumaran Additional Government Pleader (Pondy).

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ORDER

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This Writ Petition has been filed in the nature of a Mandamus seeking records of the third respondent relating to proceedings dated 27.09.2022 and to quash the same.

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The petitioners seek a direction against the third respondent to

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implement the scheme of Temporary Status with effect from the respective date of eligibility of each one of the three petitioners and to pay arrears of difference in wages.

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In the affidavit filed in support of this Writ Petition, the details

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of the three writ petitioners relating to their initial appointment on daily wage basis and the date of regularisation and according to them their eligibility for temporary status have been given as follows:

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S.No.	Name	Date of engagement as daily waged sanitary worker	Date of regularization as sanitary worker	Eligibility of temporary status with effect from
1.	L. Ilangovan	11.10.1991	14.02.2002	05.04.1995
2.	R. Srinivasan	07.10.1991	14.02.2002	05.04.1995
3.	B. Jothi	16.01.1995	01.06.2002	12.06.1996

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It is contended that under the conditions of the scheme, namely,

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The Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993, if a casual labourerr had been employed for atleast 240 days, temporary status should be granted.

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The learned Additional Government Pleader for the Union

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Territory of Puducherry has forwarded instructions, wherein it has been stated that an order dated 16.11.2024 has already been passed bringing the three petitioners into temporary status on and from 13.07.2000. This

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order passed by the respondents answers the grievance of the petitioners herein. Hence, no further orders are required .

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A direction is given to the respondents to pay the difference in

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pay owing to the grant of such temporary status, if the petitioners are otherwise eligible and if they are so eligible, to disburse the same within a period of three months from the date of receipt of a copy of this order.

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