High Court · 2025

WP No. 9321 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12-03-2025CORAMTHE HONOURABLE MR JUSTICE S. M. SUBRAMANIAMANDTHE HONOURABLE MR.JUSTICE K.RAJASEKARWP No. 9321 of 2024andWMP.No.10342 of 20241. M.Kannan2.P.Devasundar3.R.Vinoth4.G.Doss Prakash5.C.Stalin6.J.Augusta Gnanaselvam7.T.Natarajan8.Sherin Febritia S9.R.Ahila10.L.Girija1 of 11 https://www.mhc.tn.gov.in/judis WP No. 9321 of 202411.P.Krishnaveni12.A.R.Kavi Shankary13.S.Kalaimathi14.K.Mythili15.S.Nashima Begum16.P.Sri Rathna17.M.Thiruneraiselvi18.J.Divyabharrati19.D.GeethaPetitioner(s)Vs1. Government of TamilnaduRep. By Its Secretary, Human Resources Management Department, Fort St. George, Chennai-600 009.2.Tamil Nadu Public Service Commission,Rep. by its Secretary, Tamil Nadu Public Service Commission Road, Voc Nagar, Chennai-600 003.2 of 11 https://www.mhc.tn.gov.in/judis WP No. 9321 of 20243.Vasikaran Visuwanatha Velraju4.M.Sendhur5.M.Palraj6.P.Shankar Anand7.R.Prabhu8.M.Aiswarya9.V.Siva10.R.Balathandayutham11.B.Pavithra12.S.Dhanalakshmi13.R.Rajkumar14. A.Murugan15. M.Jaidurgadevi(R14 & R15 impleaded vide court orderdated 12.03.2025 passed in W.M.P.Nos.34281 & 34282 of 2024 in W.P.No.9321 of 2024 by SMSJ & KRSJ)Respondent(s)3 of 11 https://www.mhc.tn.gov.in/judis WP No. 9321 of 2024PRAYER Writ petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of declaration, declaring that the amendment to Annexure-V of the Tamil Nadu Public Service Commission Regulations, 1954 as notified vide Government order bearing G.O.Ms.No.124 dt. 13.11.2020 issued by the 1st respondent and the consequential proceedings bearing No. 1513/PD-B/2021 dt. 30.01.2024 read with Proceedings No. 1513/PD-B1/2021 dt. 08.03.2024 read with Proceedings No. 513/PD-B1/2024 dt. 22.03.2024 issued by the 2nd respondent, by which the respondent Nos. 3 to 13 were promoted to the post of Section Officer, as illegal and consequently direct the respondents to follow a combined seniority of Assistant Section Officers and Assistant Section Officers Cum Programmers based on their dates of appointment as such for promotion to the post of Section Officer that fell vacant from 2019 and promote the petitioners as such with retrospective effect and all other consequential benefits including arrears of salary, increments, further promotions etc.,For Petitioner(s):Ms.R.VaigaiSenior Counselfor Ms.Anna MathewFor Respondent(s):Mr.E.Veda Bagat SinghSpecial Government Pleader for R12.Mr.P.S.RamanAdvocate General assisted by 4 of 11 https://www.mhc.tn.gov.in/judis WP No. 9321 of 2024Mr.R.BharanidharanStanding Counsel for R23.Mr.K.Venkat RamaniSenior Counsel for M/s.M.Muthappan for R3 to R15ORDER(Order of the Court was made by S.M.Subramaniam J.)Mr.P.S.Raman, the learned Advocate General appearing on behalf of the second respondent would submit that the Government has taken a decision to withdraw the ratio as 8:1 fixed among the holders of the post of Assistant Section Officer and Assistant Section Officer-cum-Programmer for appointment by recruitment by transfer to the post of Section Officer.2.The administrative decision taken by the Government has been communicated to the Tamil Nadu Public Service Commission vide Letter No.3876/M1/2024-1, dated 27.08.2024. Paragraph No.3 and 4 of the letter reads as under:"3.In a similarly placed issued viz., Junior Assistant and Typist who have come through the same exam and joined in the service on the same day, the Government is contemplating a policy decision to decide the inter-se seniority.5 of 11 https://www.mhc.tn.gov.in/judis WP No. 9321 of 20244.In view of the above, I am directed to state that it has been decided to withdraw the letter second cited wherein ratio fixed as 8:1 among the holders of the post of Assistant Section Officer and Assistant Section Officer-cum-Programmer for appointment by recruitment by transfer to the post of Section Officer in the Tamil Nadu Public Service Commission. Further, I am also directed to request that proposal may be sent to amend the Tamil Nadu Public Service Commission Regulations, 1954."3.In pursuance to the decision communicated to the Tamil Nadu Public Service Commission by the Government, the Tamil Nadu Public Service Commission addressed a letter to the Additional Secretary to Government, Human Resources and Management Department stating that the writ petition is pending and on its disposal, the decision of the Government will be implemented. 4.In the opinion of this Court, in the absence of an interim order, the Tamil Nadu Public Service Commission ought to have implemented the Government decision. However, now the relief sought for by the petitioners in 6 of 11 https://www.mhc.tn.gov.in/judis WP No. 9321 of 2024the writ petition is redressed and thus, no further adjudication on merits needs to be undertaken. 5.As far as the Government decision communicated to the Tamil Nadu Public Service Commission vide letter dated 27.08.2024 is concerned, the respondents 1 and 2 are directed to implement the Government's decision and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order.6.The learned Senior Counsel appearing on behalf of the petitioners would raise an apprehension that in respect of employees who have been temporarily promoted, actions are to be taken. 7.This Court is of the considered opinion that the temporary promotions are to be dealt with under the relevant Service Rules applicable to the posts / cadre.7 of 11 https://www.mhc.tn.gov.in/judis WP No. 9321 of 2024Accordingly, the Writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.(S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.)12-03-2025vedaIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo1.Government Of TamilnaduRep. By Its Secretary, Human Resources Management Department, Fort St. George, Chennai-600 009.2.Tamil Nadu Public Service Commission,Rep. by its Secretary, Tamil Nadu Public Service Commission Road, Voc Nagar, Chennai-600 003.3.Vasikaran Visuwanatha VelrajuWorking As Section Officers Served Thro The 2nd Respondent Tamil Nadu Public Service Commission, Rep. By Its Secretary, Tnpsc Road, V.O.C. Nagar Chennai-600 0034.M.SendhurWorking As Section Officers Served Thro The 2nd Respondent Tamil Nadu Public Service Commission, Rep. By 8 of 11 https://www.mhc.tn.gov.in/judis WP No. 9321 of 2024Its Secretary, Tnpsc Road, V.O.C. Nagar Chennai-600 0035.M.PalrajWorking As Section Officers Served Thro The 2nd Respondent Tamil Nadu Public Service Commission, Rep. By Its Secretary, Tnpsc Road, V.O.C. Nagar Chennai-600 0036.P.Shankar AnandWorking As Section Officers Served Thro The 2nd Respondent Tamil Nadu Public Service Commission, Rep. By Its Secretary, Tnpsc Road, V.O.C. Nagar Chennai-600 0037.R.PrabhuWorking As Section Officers Served Thro The 2nd Respondent Tamil Nadu Public Service Commission, Rep. By Its Secretary, Tnpsc Road, V.O.C. Nagar Chennai-600 0038.M.AiswaryaWorking As Section Officers Served Thro The 2nd Respondent Tamil Nadu Public Service Commission, Rep. By Its Secretary, Tnpsc Road, V.O.C. Nagar Chennai-600 0039.V.SivaWorking As Section Officers Served Thro The 2nd Respondent Tamil Nadu 9 of 11 https://www.mhc.tn.gov.in/judis WP No. 9321 of 2024Public Service Commission, Rep. By Its Secretary, Tnpsc Road, V.O.C. Nagar Chennai-600 00310.R.BalathandayuthamWorking As Section Officers Served Thro The 2nd Respondent Tamil Nadu Public Service Commission, Rep. By Its Secretary, Tnpsc Road, V.O.C. Nagar Chennai-600 00311.B.PavithraWorking As Section Officers Served Thro The 2nd Respondent Tamil Nadu Public Service Commission, Rep. By Its Secretary, Tnpsc Road, V.O.C. Nagar Chennai-600 00312.S.DhanalakshmiWorking As Section Officers Served Thro The 2nd Respondent Tamil Nadu Public Service Commission, Rep. By Its Secretary, Tnpsc Road, V.O.C. Nagar Chennai-600 00313.R.RajkumarWorking As Section Officers Served Thro The 2nd Respondent Tamil Nadu Public Service Commission, Rep. By Its Secretary, Tnpsc Road, V.O.C. Nagar Chennai-600 00310 of 11 https://www.mhc.tn.gov.in/judis WP No. 9321 of 2024S.M.SUBRAMANIAM J.ANDK.RAJASEKAR J.vedaWP No. 9321 of 2024 12-03-202511 of 11