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2026 DAILYLAW 57346 (MAD)

M.SAMBASIVAM v. UNION OF INDIA

WP/29072/2026 · 2026-07-27

P T Asha

Transfer Petitionbody2026

Judgment text

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WP No. 29072 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 29072 of 2026 M.Sambasivam ..Petitioner(s) Vs 1. Union Of India Represented by its Secretary, Local Administration Department, Government of Puducherry, Puducherry-605 001. 2. The Director Local Administration Department, Puducherry-605 001. 3. The Commissioner Pondicherry Municipality, Puducherry-605 001. ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd respondent to consider and pass appropriate orders on the representation of the petitioner dated 19.05.2025 seeking regularisation of the suspension period from 09.07.2024 to 28.10.2024, settlement of the suspension period in accordance with the applicable Rules and Sanction of all Consequential monetary and Service benefits. https://www.mhc.tn.gov.in/judis WP No. 29072 of 2026 __________ Page2 of 6 For Petitioner(s): Mr.Aathavan For Respondent(s): Mr.M.Nirmal Kumar Government Advocate (Pondy) Order This writ petition has been filed seeking the issuance of a writ of mandamus directing the respondents to reinstate the petitioner into service based on his representation dated 16.3.2026 within a time frame that may be fixed by this Court. 2. It is the case of the petitioner that he was appointed as a Junior Engineer in the Pondicherry Municipality on 14.08.2000 and has been discharging his duties without any adverse remarks. While serving in the Municipality, he was entrusted with the additional charge of Revenue Officer-II and later Revenue Officer-I. While discharging the said additional responsibilities, a Trade Licence was issued to M/s.Vishnu Aispriya Impex in the ordinary course of his official duties. Subsequently, certain issues were raised regarding the issuance of the said licence, https://www.mhc.tn.gov.in/judis WP No. 29072 of 2026 __________ Page3 of 6 alleging that a communication had been issued by the Puducherry Planning Authority directing the stoppage of issuance of Trade Licences. The petitioner would submit that the said communication was neither received by him nor acknowledged by him. Despite the above, the petitioner was placed under suspension by proceedings dated 09.07.2024, pending disciplinary proceedings. He submitted a representation dated 07.08.2024 seeking revocation of the suspension and the suspension was subsequently revoked by proceedings dated 28.10.2024, without prejudice to the contemplated disciplinary proceedings. 3. It is the further case of the petitioner that his regular salary for the months of July, August and September 2024, which was inadvertently credited during the suspension period, was repaid in full. He also submitted the required Non-Employment Certificate on 19.12.2024 for the sanction of subsistence allowance, but the same has not been paid till date. The petitioner thereafter submitted a detailed representation dated 19.05.2025 to the respondents, seeking regularization of the suspension and grant of consequential monetary and service benefits. As no orders have been passed on the said representation, the present writ petition has been filed seeking the aforesaid relief. https://www.mhc.tn.gov.in/judis WP No. 29072 of 2026 __________ Page4 of 6 4. Heard the learned counsel for the petitioner and the learned Government Advocate (Pondy) appearing for respondents 1 and 3.d 5. Considering the limited scope of the prayer sought in this writ petition, and without expressing any opinion on the merits of the case, this Court directs the 3rd respondent to consider the petitioner's representation dated 19.05.2025 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6. With the above direction, this Writ Petition is disposed of. No costs. 27-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SRN https://www.mhc.tn.gov.in/judis WP No. 29072 of 2026 __________ Page5 of 6 To 1. The Secretary, Union Of India Local Administration Department, Government of Puducherry, Puducherry-605 001. 2. The Director Local Administration Department, Puducherry-605 001. 3. The Commissioner Pondicherry Municipality, Puducherry-605 001. https://www.mhc.tn.gov.in/judis WP No. 29072 of 2026 __________ Page6 of 6 P.T.ASHA J. SRN WP No. 29072 of 2026 27-07-2026 https://www.mhc.tn.gov.in/judis