Allowed¶45

V.Jayakumar v. The Deputy Driector (Rd)

Madras HC5 Dec 2025WP/19889/2022

Case brief

AI extract

What is this about?

Old Pension Scheme; pensionary benefits; casual labourers; work charged establishment; regularization G.O.Ms.No.15/LAS/2015-16 dated 31.07.2015; counting 50% daily rated service as qualifying service; Pondicherry Commune Panchayat Subordinate Services (Retirement and Pension) Rules 1976; new entrant post 01.01.2004; representation dated 30.05.2022; mandamus to pass speaking order within two months; Article 226; Villianur and Mannadipet Commune Panchayats; Puducherry Local Administration Department; Madras High Court; P.T. Asha J.; WP No. 19889 of 2022.

What did the court decide?

Mandamus to the respondents to consider the representation dated 30.05.2022 and pass a speaking order within two months from receipt of a copy of the order; no costs; connected miscellaneous petitions closed. ¶45

V.Jayakumar Vs The Deputy Driector (Rd) — Writ and Judicial Review | Madras HC (2025)

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WP No. 19889 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05-12-2025

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CORAM

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THE HON'BLE Ms. JUSTICE P.T. ASHA

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WP No. 19889 of 2022 and WMP No. 19196 of 2022 and WMP No. 48719 of 2025

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1.V.Jayakumar

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Peon, Villianur Commune Panchayat, Villianur, Pondicherry- 605 110.

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2.V.Gnanasegar

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Bill Collector Gr-II, Villianur Commune Panchayat, Villianur, Pondicherry- 605 110.

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3.K.Cannane

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Maistry, Villianur Commune Panchayat, Villianur, Pondicherry- 605 110.

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4.M.Balasubramanian @ PrabaharanTank Operator, Vilianur Commune Panchayat, Villianur, Pondicherry- 605 110.

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5.A.Arun Mozhi.Devan

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Lower Division Clerk, Mannadipet Commune Panchayat, Thirubhvani, Pondicherry- 605 107.

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6.A.Mouniappan

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Tank Operator, Villianur Commune Panchayat, Villianur, Pondicherry- 605 110.

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7.M.Carounanidy

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Gangman, Villianur Commune Panchayat, Villianur, Pondicherry- 605 110.

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https://www.mhc.tn.gov.in/judis

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WP No. 19889 of 2022

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8.S.Ayappan Cleaner,Vilianur Commune Panchayat, Villianur, Pondicherry- 605 110.

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9.C.Boominathan Bill Collector Gr-II, Vilianur Commune Panchayat, Villianur, Pondicherry- 605 110.

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..Petitioners

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1.The Deputy Driector (RD)Local Administration Department, Government of Puducherry, Pondicherry- 605 001.

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2.The Commissioner Villianur Commune Panchayat, Puducherry- 605 110.

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..Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents herein to grant pensionary benefits for the petitioners under Old Pension scheme by considering the representation dated 30.05.2022.

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For Petitioners : Mr. D.Sreenivasan For Respondents: Mr.Sreedhar, Additional Government Pleader(Puducherry)

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ORDER

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This Writ Petition has been filed seeking a direction to the

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respondents herein to grant pensionary benefits to the petitioners under Old Pension Scheme by considering their representation dated 30.05.2022.

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https://www.mhc.tn.gov.in/judis

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WP No. 19889 of 2022

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It is the case of the petitioners that they have been working as casual labourers in the Puducherry Local Administration Department and serving under the work charged establishment in Villianur and Mannadipet Commune Panchayats on a temporary basis as casual labourers. On 31.07.2015, a G.O.Ms.No.15/LAS/2015-16 was issued by the Under Secretary to the Government, Local Administration, Government of Puducherry, regularizing the petitioners in the work charged establishment. Though their regularization took place after 01.04.2004, they had been serving in the respective posts right from their appointment as casual workers.

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While this being so, on 20.09.2016, an order was passed by the 1^st respondent wherein the competent authorities accorded approval for counting 50% of the daily rated service rendered by the petitioners as qualifying service for the grant of pensionary benefits, in terms of the Pondicherry Commune Panchayat Subordinate Services (Retirement and Pension)Rules, 1976. Hence, the petitioners would submit that they are entitled to the benefits under the Old Pension Scheme and merely because they were initially appointed prior to 01.01.2004 and were absorbed into regular posts only after 01.01.2004, they cannot be treated as new entrants

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https://www.mhc.tn.gov.in/judis

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WP No. 19889 of 2022

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to Government service. The petitioners have given a detailed representation to the respondents on 30.05.2022, setting out their grievances. However, no action has been taken to date. Hence, the petitioners are before this Court.

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Heard the learned counsels and perused the materials available on record. Since the relief claimed is only for a speedy consideration of their representation without going into the merits of the case the following order is passed.

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The writ petition is allowed and a Mandamus is issued to the respondents to consider the representation of the petitioners dated 30.05.2022 and pass a speaking order within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

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05-12-2025

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Srn

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https://www.mhc.tn.gov.in/judis

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WP No. 19889 of 2022

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