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2026 Supreme(Online)(Mad) 32740

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ, J
S.Thamizharassy – Appellant
Versus
Union Territory of Puducherry Represented by The Chief secretary to Government – Respondent
Writ Petition



Advocates:
For the Petitioner(s): Mr.Prakashadiapadam
For the Respondent(s): Mr. Syed Mustafa Special Government Pleader (P)

Court directs consideration of service regularization representations on merits within stipulated time without prejudging claims.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought regularization of service from 01.02.2003 on par with a junior colleague who joined on 07.08.1998, along with monetary benefits, seniority, and extension of CCS (Pension) Rules, 1972. The court noted the petitioner's representations dated 30.04.2013, 27.02.2022, and 09.04.2022. The respondent's counsel submitted to consider the representations in accordance with law. The sole issue was whether to direct consideration of the representations for service regularization and benefits. The court observed the limited relief sought and the undertaking by respondents to pass appropriate orders. The writ petition was disposed of with directions to consider the representations on merits within four weeks, without expressing views on merits.

Table of Content
1. prayer for service regularization and pension benefits. (Para 1)
2. direct consideration within 4 weeks; petition disposed. (Para 3)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus, directing the respondents to consider the representation dated 30.04.2013, 27.02.2022 and 09.04.2022 regularize petitioner service with effect from 01.02.2003 on par one Mr. A. Sankar, Who is younger to petitioner and joined into service along with petitioner on 07.08.1998, and grant all monetary and non monetary benefits including seniority and also direct the respondent to extend the benefit of Old pension scheme namely CCS (pension) rules, 1972 to the petitioner.

For Petitioner(s): Mr.Prakashadiapadam For Respondent(s): Mr. Syed Mustafa Special Government Pleader (P)

ORDER

The present writ petition has been filed praying for a writ of Mandamus to direct the respondents to consider the representations dated 30.04.2013, 27.02.2022 and 09.04.2022 regularize petitioner service with effect from 01.02.2003 on par with Mr. A. Sankar, and grant all monetary and non monetary benefits including seniority and direct the respondent to extend the benefit of Old pension scheme namely CCS (pension) rules, 1972 to the petitioner 2. At the outset, learned Special Government Pleader for respondents would submit that petitioner’s representations would be considered and appropriate orders would be passed on the above request of the petitioner, in accordance with law within a time period to be stipulated by this Court. Agreed to by the learned counsel for petitioner.

3. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to Respondents to consider petitioner's representation dated 30.04.2013, 27.02.2022 and 09.04.2022, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to petitioner and any other interested persons, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representations and it is open to the concerned respondent to consider the representations on its own merits and in accordance with law.

4. Accordingly, the writ petition stands disposed of. No costs.

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