Irusappan, Vs Union Territory of Puducherry

7.	Narayanasamy S/o.Arunachalam
8.	P.Venkatesa Perumal S/o.Pushpam
9.	Sadatharan S/o.Manjini
10.	Elango S/o.Pakkiri	... Petitioners
	Vs
1.	Union Territory of Puducherry Rep. by its Under Secretary to the Department Local Administration Department Puducherry.
2.	The Director Local Administration Department Puducherry.
3.	The Commissioner Puducherry Municipality Puducherry.
4.	P.Kezendirane S/o.Vinayagam
5.	K.Balabaskaran S/o.Kalivarathan
Page	Nos.2/9

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

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W.P.No.28125 of 2015

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R.Vijaya D/o.Rajasegaran

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V.Nalina D/o.Venni Tandabany

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S.Soubalatchoamy D/o.Sundaramoorthy

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V.Rajendiran S/o.Vinayagam

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S.Jayanthy W/o.Balabaskaran

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S.Arikrishnan S/o. Singaravelu

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A.Bathmavady D/o.Archunan

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M.Ravichandiran S/o.Mahalingam

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D.Govindan S/o.Dhandapani

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DJ.Tayanayaguy D/o.Janbarthanan

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M.Kumaresan S/o.Murugesan

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Page Nos.3/9

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

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W.P.No.28125 of 2015

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S.Venkataparamanandam S/o.Selvaraj

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T.Parthiban S/o.Tamilarasan

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S.Jagadiswari S/o.Subramanian

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S.Rajasekaran S/o.Sundaramoorthy .... Respondents

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R4 to R20 impleaded vide order dated 12.07.2023 made in W.M.P.No.8664 of 2020 in W.P.No.28125 of 2015

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Writ Petition No.28125 of 2015 filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Government Order issued by the 1st respondent herein vide G.O.Ms.No.15/LAS/2015-16 Puducherry dated 31.07.2015 insofar as it relates to SI.Nos.1-10, 12-14, 16-19, quash the same and consequently, direct the respondents herein to consider the promotion of the petitioners in the posts of Work Inspector as per the Rules.

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For petitioner : Mr.K.Govi Ganesan For Respondents : Mrs.Sharadha Vivek, Additional Government Pleader (Pondy) for R1 to R3 Mr.T.M.Naveen, for R4 to R20 *********

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Page Nos.4/9

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

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W.P.No.28125 of 2015

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O R D E R

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The challenge in this writ petition is to the Government Order dated 31.07.2015 bearing G.O.Ms.No.15/LAS/2015–2016 issued by the first respondent. The said order was passed in exercise of the powers conferred under Section 114 of the Puducherry Municipalities Act, 1973 (hereinafter referred to as the “Puducherry Municipalities Act” for the sake of brevity, convenience and clarity) and under Section 68 of the Puducherry Village and Commune Panchayat Act, 1973 (hereinafter referred to as the “Puducherry Panchayat Act” for the sake of brevity, convenience and clarity). By the said order, approval was granted by the Government to regularise the services of 55 Technical Assistants, 43 Mazdoors and 16 Maistries working under P.S. Charges (Work-Charged Establishment) in various Municipalities and Commune Panchayats in the Puducherry, Karaikal, Mahe and Yanam Regions, against the existing direct recruitment quota vacancies of Group ‘C’ posts such as Data Entry Operator, Work Inspector, LDC, Bill Collector Grade-II, Electrician, etc., as a one-time measure, by relaxation of the relevant provisions of the Recruitment Rules.

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Page Nos.5/9

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

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W.P.No.28125 of 2015

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The petitioners are working as Gangmen in the third respondent Municipality, namely Puducherry Municipality. The petitioners claim that they were appointed against sanctioned vacant posts of Gangmen and that, upon completion of their probation period, their services were regularised.

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The petitioners further state that the Commissioner, Puducherry Municipality, by communication dated 07.11.2014, requested the Director, Local Administration Department, Puducherry, to amend the Recruitment Rules so as to make provision for promotion to the post of Work Inspector from the feeder category of Gangmen. As per the said communication, a proposal was made to create an avenue of promotion to the post of Work Inspector from the cadre of Gangman/Mason, with five years of qualifying service after regular appointment thereto.

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Heard the learned counsel for the parties on either side and perused the

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materials on record.

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Page Nos.6/9

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

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W.P.No.28125 of 2015

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Though the said communication is dated 07.11.2014, the Recruitment Rules have not been amended till date so as to provide for promotion to the post of Work Inspector from the feeder categories of Gangmen / Masons. As per the notification issued by the Local Administration Department, Government of Puducherry, dated 03.04.1995, in exercise of the powers under sub-section (2) of Section 114 of the Puducherry Municipalities Act, the Puducherry Municipalities Recruitment (Amendment) Rules, 1994 were framed, governing recruitment and appointment to various posts specified in the Schedule. Insofar as the post of Work Inspector Grade-I is concerned, there is no provision for promotion from the feeder categories of Gangmen or Masons.

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It is a settled principle of law that only a person who is aggrieved, in the sense that his legal or statutory rights are directly infringed, can maintain a challenge to an administrative or executive action. Since the petitioners have failed to establish any legally enforceable right that has been impaired by the impugned Government Order, they cannot be treated as “aggrieved persons”.

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Page Nos.7/9

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

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W.P.No.28125 of 2015

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Therefore, the contention of the petitioners that their seniority and

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promotional prospects have been adversely affected on account of the absorption of employees under the impugned Government Order is devoid of merit. The petitioners cannot be treated as aggrieved persons and, therefore, lack locus standi to challenge the impugned Government Order. Accordingly, writ petition stands dismissed for want of locus standi . Consequently, the connected miscellaneous petitions are closed. There shall be no order as to costs.

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16.02.2026

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Index : Yes Neutral Citation : Yes Speaking / Non-speaking

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mk

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To

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