E. Gnanasegarane v. The Government of Puducherry

ORDER

The writ petition has been filed seeking the following relief : " To direct the respondents to consider the latest proposal of the 3rd respondent submitted to 2nd respondent vide letter F.No.20-1/VCP/2021-22/Estt.1 dt.05.03.2025 and convene the Departmental Promotion Committee (DPC) to promote the petitioner to the regular post of Lower Division Clerk (Registration)in Etat civil section in Villianur Commune Panchayat on adhoc basic by relaxing the provision of the Recruitment Rules for the time being in respect of the requirement of passing of Typewriting (lower) in English by the petitioner within 3 years from the date of promotion."

¶2The petitioner is a physically challenged person belonging to Most Backward Class. He had graduated in B.A.History from Puducherry University and has proficiency in French Language and also have a certificate in Advanced French Course. The petitioner was initially appointed as Multi Purpose Helper on 13.10.1999 on consolidated wage basis. This post was later converted as Tank Operator by Memorandum dated 31.01.2003 and Page3 of 6 subsequently, he was appointed as Multi Purpose Tank Operator with effect from 28.02.2003 in the Villianur Commune Panchayat, the third respondent herein. Thereafter, he was absorbed in the vacant post of Tank Operator on temporary and adhoc basis and was subsequently brought into the regular time scale of pay on 30.11.2012. The petitioner would submit that he had undergone CRS and RBD Training Programmes and had acquired sufficient professionalism and ability to handle the French documents in Etat Civil Section.

¶3The petitioner would submit that though he was employed as Tank Operator in the 3rd respondent, his present assignment is in Etat Section and he had been performing his duties in Etat Civil Section as Lower Division Clerk

(LCD) for more than 14 years. Therefore, the petitioner had submitted his representations on 04.11.2013, 28.11.2013 and his latest representation was on

30.11.2021, seeking to promote him by filling up one post of LDC allocated for Etat Civil Section in the 3rd respondent Panchayat on adhoc basis, by relaxing the provisions of the Recruitment Rules. Based on his representations, the third respondent had also submitted its proposals to the first and second respondents on 28.11.2013, 01.07.2019, 19.09.2019 and 05.03.2025. However, the said proposals which were forwarded to respondents 1 and 2, did not evoke any response. Hence, the petitioner is before this Court seeking a mandamus for the relief stated supra. Page4 of 6

¶4The petitioner would also submit that the individuals who worked as Tank Operator had also been promoted to the post of LDC in the year 2019, by relaxing the Recruiting Rules and the same parity shall also be extended to him.

¶5Heard the learned counsel on either side and also perused the materials placed on record.

¶6This Court without expressing any opinion on the merits of the case, directs the respondents 1 and 2 to consider the latest representation of the petitioner dated 30.12.2021, as also the proposals submitted by the third respondent dated 05.03.2025 with regard to promoting the petitioner to the post of LDC, and pass orders within a period of four weeks from the date of receipt of a copy of this order, in accordance with law.

¶7With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

07-08-2026 Index: Yes/No Speaking/Non-speaking order DS Page5 of 6 To:

¶1The Secretary Government of Puducherry Department of Local Administration Chief Secretariat, Puducherry.

¶2The Director of Local Administration Department Government of Puducherry Puducherry.

¶3The Commissioner Villianur Commune Panchayat Villianur, Puducherry. WPoNo.o31361oofo2026 P.T.ASHAoJ. DS WPoNo.o31361oofo2026 and WMPoNo.o34451oOFo2026 07-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP No. 34451 OF 2026 E. Gnanasegarane S/o.Elumalai No.17, Villupuram Main Road Kottaimedu, Villianur, Puducherry. ..Petitioner Vs 1. The Government of Puducherry Rep by its Secretary Department of Local Administration Chief Secretariat, Puducherry. 2. The Director of Local Administration Department Government of Puducherry Puducherry. 3. The Commissioner Villianur Commune Panchayat Villianur, Puducherry. ..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the latest proposal of the 3rd respondent submitted to 2nd respondent vide letter F.No.20-1/VCP/2021-22/Estt.1 dt.05.03.2025 and convene the Departmental Promotion Committee (DPC) to promote the petitioner to the regular post of Lower Division Clerk (Registration)in Etat civil section in Villianur Commune Panchayat on adhoc basic by relaxing the provision of the Recruitment Rules for the time being in respect of the requirement of passing of Typewriting Page2 of 6 (lower) in English by the petitioner within 3 years from the date of promotion and pass orders. For Petitioner: Mr.S. Abuabcker Sidhic For Respondents: Mr.M.Nirmal Kumar Government Advocate (Pondy) for R1 to R3