M.MURTHY vs THE UNION OF INDIA

WP No. 31186 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-11-2026
CORAM
THE HON'BLE MR JUSTICE C. SARAVANAN
WP No. 31186 of 2023
CNR: {HCMA011919842023}
1. M.Murthy
S/o.M.Marimuthu, No.9, Kannagi St.Indira,
Gandhi Nagar, Orleanpet, Puducherry.
2. T.Dinagaran
S/o.Tirunavukkarasu, No.31, Thiyagaraja St.
Puducherry-605 001.
3. M.Krishnamoorthy
S/o.Mayakrishnan, No.1, Ellai Eswaran Koil
Street, Pooranakuppam, Puducherry.
4. R.Sojan@Munisamy
S/o.Rajaram, No.19, School, Street,
Thengaithittau, Puducherry-605 004.
5. P.Krishnakumar
S/o.Paneerselvam, No.33 1st Cross Street, Raja
Nagar, Orleanpet, Puducherry.
6. A.Mohamad Ibrahim,
S/o.Abdul Kadhar, No.14, Kalathur Medu
Sulathanpet, Villianur, Puducherry.
7. A.Gnanajayammal,
W/o.Arumugam, No.9, Othavadi Street
Bharathipuram, Puducherry.
8. G.Rajendiran
S/o.Gurunathan, No.F55, Jawahar Nagar,
Housing Board, Puducherry-605 005.
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WP No. 31186 of 2023
9. T.Senthilvelan,
S/o.Tamizharasan, No.13, Nagoorar Thoottam,
Veerampattinam, Ariyankuppam, Pducherry.
10.M.Jayakanthan
S/o.Mannangatti, Allastreet, Utharavaginipet,
Villianur, Puducherry.
11.R.Ayyappan
S/o.Raji, No.39, Meeran Sahib Street,
Kumaragurupallam, Puducherry-605 001.
..Petitioner(s)
Vs
1. The Union Of India
Rep. By The Chief Secretary To Government,
Government Of Puducherry, Puducherry.
2. The Secretary To Government
Department Of Personnel And Administrative
Reforms (Personal Wing), Government Of
Puducherry, Puducherry.
3. The Under Secretary To Government
Confidential And Cabinet Department,
Government Of Puducherry, Puducherry.
..Respondent(s)
PRAYER : Writ Petition filed under Article 226 of The Constitution of India
praying for the issuance of a Writ of Declaration, declaring the decision of the
respondents rejecting the request of the petitioners to engage them as Full-Time
Casual Labourers Communicated vide order dated 04.06.2021 bearing Ref.
No.12030/ 27/ 2021/ DPAR/ CCD(1) as illegal and unreasonable and
consequently, direct the respondents to engage the petitioners as Full Time
Casual Labourers in the available vacancies.
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WP No. 31186 of 2023
For Petitioner(s): Ms.M.Sunithi Abirami
for Mr.T.Sai Krishnan
For Respondent(s): Mr.R.Syed Mustafa, SGP (Puducherry)
*
ORDER
This writ petition is filed for declaration, declaring the decision of the
respondents rejecting the request of the petitioners to engage them as Full-Time
Casual Labourers Communicated vide order dated 04.06.2021 bearing Ref.
No.12030/ 27/ 2021/ DPAR/ CCD(1) as illegal and unreasonable and
consequently, direct the respondents to engage the petitioners as Full Time
Casual Labourers in the available vacancies.
2. The facts on record reveal that petitioners were engaged as co-terminus
basis employees on 25.11.2016. The term of employment was clear as per the
appointment order. The engagement of the petitioners was to be on co-terminus
basis with the tenure of the Chief Minister or was to be in force till the said
Chief Minister requires the services of the petitioners, whichever is earlier.
3. The order clearly states that whenever the necessity for the services of
the petitioners ceased, they will be disengaged in service and he will not have
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WP No. 31186 of 2023
any right to claim for any appointment / absorption in Government Service
whatever be the duration of such engagement.
4. Thus, it is clear that the appointments of the petitioners were not to be
made against any sanctioned posts, and they were engaged purely on a
temporary and co-terminus basis. On 20.02.2021, the petitioners submitted a
representation citing a few decisions of the Hon'ble Supreme Court, requesting
that their services be absorbed and regularised against existing vacancies, or
alternatively, that they be engaged as full-time casual labourers. Since the
representation did not evoke any response, the petitioners, along with a few
others, approached this Court in W.P. No. 6116 of 2021 seeking a Writ of
Mandamus directing the respondents to consider their representation dated
20.02.2021 for engagement as full-time casual labourers.
5. On 17.03.2021, consequent on acceptance of resignation tendered by
the Council of Ministers, Puducherry, the staff who were working at the office
of the Chief Minister, Puducherry on co-terminus basis were disengaged from
service with effect from 22.02.2021.
6. In this background, they sent a notice of contempt to the respondents
on 13.05.2021, which culminated in the impugned order passed by the third
respondent, rejecting their request to engage them as full-time casual labourers.
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WP No. 31186 of 2023
7. Learned counsel for the petitioners has drawn attention to the
Notification in G.O.Ms.No.22, dated 27.02.2009, issued by the Department of
Personnel and Administrative Reforms, Government of Puducherry. A specific
reference is made to Clause 6 of the scheme, which is not of a full-time nature,
or for which regular posts cannot be created for Puducherry Casual Labourers.
8. The respondent in the counter-affidavit have referred to clauses from
the aforesaid scheme wherein in clause 7 it has been stated that there will be a
complete ban on engagement of casual workers for performing duties of Group
"C" Posts. A reference is also made to clause 9 of the scheme wherein it has
been made mandatory to notify any engagement of causal labourers with
employment exchange, subject to concurrence of the Finance Department and
after taking the previous approval of the Government whenever such
engagement is decided to be of utmost necessity.
9. Similarly, references have also been made to clauses 16, 17, 18, 19 and
therefore it is stated that there is no scope for engagement of casual labourers to
any manner other than that prescribed in the scheme.
10. A perusal of the scheme makes it clear that it is applicable to all
casual labourers. Casual labourers who are under engagement for a period not
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WP No. 31186 of 2023
less than 8 hours a day shall be termed as "full time casual labourers" and the
casual labourers who are under engagement for a period less than 8 hours a day
shall be termed as "part-time casual labourers". All other designations e.g. daily
wager, CLR etc., will be discontinued, from the date of notification of this
scheme.
11. Clause 9 makes it clear that all instances of engagement of casual
labourers shall be notified to the Employment Exchange, subject to the
concurrence of the Finance Department after taking a previous approval of the
Government whenever such engagement is decided to be of utmost necessity.
12. Thus, the prayer of the petitioners to quash the impugned
communication/order passed pursuant to the order dated 11.03.2021 in W.P.
No. 6116 of 2021 is to be rejected as it is devoid of merits. The petitioners can
claim their rights strictly in accordance with the aforesaid scheme, subject to the
existence of provisions under the scheme and requisite approval.
13. Considering the same, there is no merit in this writ petition. However,
I do not see any impediment for directing the respondent to examine whether
the petitioners' case can be considered, as and when the necessity arises, for
employment strictly in accordance with the aforesaid scheme.
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WP No. 31186 of 2023
14. This writ petition is disposed of, by directing the respondent to give
preference in employment to the petitioners as full time casual labourers in case
of necessity arising in future. No costs.
11-11-2026
(1/2)
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RNA
To
1. The Union Of India
Rep. By The Chief Secretary To Government,
Government Of Puducherry, Puducherry.
2. The Secretary To Government
Department Of Personnel And Administrative
Reforms (personal Wing), Government Of
Puducherry, Puducherry.
3. The Under Secretary To Government
Confidential And Cabinet Department,
Government Of Puducherry, Puducherry.
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WP No. 31186 of 2023
C.SARAVANAN, J.
RNA
WP No. 31186 of 2023
11-11-2026
(1/2)
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