Central Administrative Tribunal - Madras
Ganesan S vs Ut Of Puducherry And Ors on 13 June, 2025
1 MA 310/00311/2025 &
OA 310/00576/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
MA 310/00311/2025 & OA/310/00576/2025
Dated Friday, the 13th day of June, Two Thousand and Twenty Five
CORAM :
HON'BLE MR. M. SWAMINATHAN, Member (J)
&
HON'BLE MR. SANGAM NARAIN SRIVASTAVA, Member (A)
1. S. Ganesan
S/o Sakkkaravarthy
2. P. Zayachandhirane
S/o Pavadai
3. C. Vassou
S/o Cadirvelou
4. J. Sekar
S/o Jeyaraman
5. I. Perumal
S/o Irisappan ... Applicants
By Advocate M/s. Prakash Adiapadam
Vs
1. Union of India represented by
The Chief Secretary to Government,
Government of Puducherry,
Secretariat, Beach Road,
Puducherry-605 001.
2. The Secretary to Government (DP&AR),
Department of Personnel and Administrative Reforms (Personnel Wing)
Government of Puducherry,
Secretariat,
2 MA 310/00311/2025 &
OA 310/00576/2025
Beach Road,
Puducherry-605 001.
3. The Secretary to Government (Public Works Department),
Government of Puducherry,
Secretariat, Beach Road,
Puducherry-605 001.
4. The Under Secretary to Government (Works),
Government of Puducherry,
Secretariat,
Beach Road,
Puducherry-605 001.
5. The Chief Engineer,
Public Works Department,
No. 34, Lal Bahadur Sasthri Street,
Puducherry-605 001. ...Respondents
By Advocate Mr. R. Syed Mustafa
3 MA 310/00311/2025 &
OA 310/00576/2025
ORAL ORDER
(Pronounced by Hon'ble Mr. M. Swaminathan, Member(J)) MA 310/00311/2025 is filed by the applicants for joining together and to file a single Original Application. For the reasons stated in the MA and in the interest of justice, MA is allowed.
2. In the instant OA, the applicants seek the following relief:
"to consider and take appropriate action on the representation dated 10-03-2015, 20-11-2017, 08-02-2023, 09-02-2023, 20-12-2024, 22-05-2025, 26-05-2025 & 29-05-2025 submitted by the Applicants, thereby direct them to regularize the Ad-hoc services of the Applicants in the post of Work Inspector retrospectively with effect from 02-03-2009 and 09-10-2015 respectively, the date on which when they were granted promotion to the post of Work Inspector, and consequently promote them to the post of Overseer under 50% of vacancies earmarked under promotion quota retrospectively with effect from 03-03-2016 & 10-10-2022 respectively with all monetary and non-monetary benefits after preparing and publishing Seniority list for the post of Work Inspector, year-wise panel and Post Based Roaster (PBR) for the post of Overseer and till such time maintain status qua and not to fill up additional vacancies to the post of Overseer under direct recruitment quota by operating the waiting list published as Annexure-3 along with Provisional Selection List vide Notification No. A- 12026/7/2024/DP&AR(Exam) dated 30-10-2024 for the post of Overseer and pass such further or other order as this Tribunal may deem fit and proper in the circumstances of case and thus render justice."
4 MA 310/00311/2025 & OA 310/00576/2025
3. Brief facts of the case as submitted by the applicants are as follows:
The Applicants are currently serving as Work Inspectors on an ad-hoc basis in the Public Works Department, Government of Puducherry. Applicant Nos. 1 and 2 have been in this position since 02.03.2009, and Applicant Nos. 3 to 5 since 09.10.2015. Despite serving for over 16 and 10 years respectively, their services have not been regularized. These appointments were made following Departmental Promotion Committee recommendations, against sanctioned vacancies, and not as temporary arrangements. Despite repeated written and oral representations, the Respondents have failed to regularize their services or initiate further promotions. Additionally, there has been no maintenance of proper rosters or publication of seniority lists for the posts of Work Inspector and Overseer, affecting the Applicants' chances of career progression. Many ad-hoc Work Inspectors have retired without promotion, and Applicant No. 4 is also due to retire in August 2025. Meanwhile, the revised Recruitment Rules for the post of Overseer came into effect via G.O. Ms. No. 30 dated 28.11.2023 (published in Gazette No. 49 on 05.12.2023). Under the new rules, promotions account for 50% of Overseer vacancies, with eligibility criteria including a minimum of 18 years of regular service as a Work Inspector and relevant educational and trade qualifications. However, for those holding feeder posts on a regular basis at the time of notification, only 7 years of service is required. All Applicants meet the educational and technical qualifications 5 MA 310/00311/2025 & OA 310/00576/2025 under both the erstwhile and current Recruitment Rules. They have submitted multiple individual and collective representations between 2015 and May 2025, requesting retrospective regularization of their ad-hoc service and subsequent promotion. Despite this, no action has been taken, leading to the filing of the present Original Application.
4. Heard learned counsel for the applicant, M/s. Prakash Adiapadam and Mr. R. Syed Mustafa who takes notice for the respondents.
5. Learned counsel for the applicants submitted that the applicants have made representation on 10-03-2015, 20-11-2017, 08-02-2023, 09-02-2023, 20-12-2024, 22-05-2025, 26-05-2025 & 29-05-2025 to the respondents and till now the respondents have not passed any order. Therefore, he pleaded for a suitable direction to the respondents to dispose of the representation within a time, which will suffice at present.
6. In view of the limited relief sought and to meet the ends of justice, it would be appropriate to direct the competent authority among the respondents to consider the representation of the applicants dated 29-05-2025 and pass an appropriate speaking and well-reasoned order within a period of four weeks 6 MA 310/00311/2025 & OA 310/00576/2025 from the date of receipt of copy of this order. It is made clear that this Tribunal is not entering into the merits of the issue at this stage.
7. With the above direction the OA is disposed of, at the admission stage.
(Sangam Narain Srivastava) (M. Swaminathan)
Member (A) Member (J)
13.06.2025
AS