High Court · 2025

WP No. 19182 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30-06-2025CORAMTHE HONOURABLE MR.JUSTICE C.KUMARAPPANWP No. 19182 of 2025ANDWMP NOS. 21455 & 21459 OF 20251. R.ChandraboseAssistant Engineer, Thanjavur City Municipal Corporation, Thanjavur-613001.Petitioner(s)Vs1. The Government Of Tamil NaduRep. By Its Secretary To Government , Municipal Administration And Water Supply Department, Fort St. George, Secretariat, Chennai-600 009.2.The Director Of Municipal AdministrationNo.75, Santhome High Road, M.R.C. Nagar, Chennai-600 029.3.The CommissionerThanjavur City Municipal Corporation, No.2979/1, Gandhiji Road, Thanjavur-613001.Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 19182 of 2025PRAYERWrit Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to set aside the impugned order of the 1st respondent passed in Letter Na.Ka.No.8213/MC.5/2023-1, dated 28.07.2023 and quash the same and consequently to direct the 1st and 2nd Respondents to consider the name of the Petitioner for promotion as Assistant Executive Engineer from 22.10.2022 in the posts sanctioned by Government in G.O.Ms.No.152 MAWS Department dated 20.10.2022 with all service and monetary benefits from the said date and also to consider his name for the post of Executive Engineer in the Combined List prepared as under the Tamil Nadu Urban Local Bodies Rules, 2023.For Petitioner(s):M/s. S.N. RavichandranFor Respondent(s):M/s. C. Selvaraj A.G.P., For R1 To R3ORDERThis writ petition has been filed challenging the order dated 28.07.2023 by and in which the petitioner's promotion was withhold in view of the pendency of the disciplinary proceedings and the criminal cases. 2. Heard Mr.S.N.Ravichandran, learned counsel for the petitioner and Mr.C.Selvaraj, learned Additional Government Pleader appearing for the respondents 1 to 3. https://www.mhc.tn.gov.in/judis WP No. 19182 of 20253. The learned counsel for the petitioner would invite the attention of this Court about the letter of the Thanjavur Municipal Corporation, wherein it is only referred that in the pending proceedings before the Commissioner for Disciplinary, the petitioner has been arrayed only as a witness, and that no proceedings pending against him.4. Per contra, the learned Additional Government Pleader would submit that the petitioner cannot seek promotion as a matter of right and that the petitioner was imposed with a punishment of stoppage of increment for three months, without cumulative effects in the proceedings dated 04.08.2021 under reference in ROC.No.13275/18/MCE3 and also he was arrayed as an accused in Special SC.No.21 of 2019 and the same is still pending. He would further contend that, in view of the above proceedings, as per Schedule XI [Section 7(1) Part-A, II (1) & (11), the currency of punishment is in force. As such, contended that he is not entitled for promotion.5. I have given my anxious consideration to either side submissions.6. The submission of the learned counsel for the petitioner is that since 2023, he was not considered for promotion on the only ground that there is a pending disciplinary proceedings, as well as the criminal proceedings. The learned counsel for the petitioner has also invited the attention of this Court https://www.mhc.tn.gov.in/judis WP No. 19182 of 2025about the letter dated 27.12.2023, by and in which the Commissioner of Thanjavur Corporation has categorically stated that he did not involve in any criminal proceedings and was arrayed as only as witness in a proceedings pending before the Commissioner of Disciplinary, Trichy. 7. Now, the issue to be considered is, whether the order dated 28.07.2023 is to be interfered with or not?.While looking at the above order, the promotion was denied on the sole ground of pendency of the disciplinary proceedings as well as the criminal proceedings.8. It is well settled principle of law that the promotion is not the fundamental right, but for consideration of promotion is the fundamental right. Here, the issue is that the very consideration of the petitioner is delayed. For which, the learned Additional Government Pleader would invite the attention of this Court about the punishment imposed in a disciplinary proceedings on 04.08.2021, by and in which the petitioner was imposed with a punishment of stoppage of increment for three(3) months without cumulative effect. In this connection, the learned Additional Government Pleader would also invite the attention of this Court about the provisions of Tamil Nadu Government Servants (conditions of Service) Act, 2016. For ready reference, the provisions of Schedule-XI, Section 7(1) Part-A, II (1) & (11) is extracted hereunder:-“In cases where specific charges have been framed or charge https://www.mhc.tn.gov.in/judis WP No. 19182 of 2025sheet has been filed in criminal case against a member of service, promotion or appointment of such member of service shall be deferred till such proceedings are concluded.”“Any punishment (other than 'Censure') imposed on a member of service within a period of five years prior to the crucial date and a punishment of 'Censure' imposed within a period of one year to the crucial date shall be held against the member of service and his name shall not be considered for inclusion in the approved list.”9. According to the above provisions, any punishment other than the Censure, imposed on a member of service, the currency of punishment survive for, and for Censure, the currency of punishment is for one year. During the above period, his name will not be considered for inclusion in the approved list. In the case in hand, according to the submission of the petitioner, the punishment was imposed on 04.08.2021. Therefore, there is a check period for five years which ends only on 03.08.2026. Apart from that, in the criminal proceedings, he was imposed with punishment, and the same also staring against the petitioner. In such view of the matter, he is not eligible to be considered. Accordingly, this Court does not find any merits in this writ petition.10. In the result, this writ petition stands dismissed. However, considering the submission of the learned counsel for the petitioner and pendency of the criminal case since 2019, this Court deems it appropriate to direct the Chief Judicial Magistrate, Thanjavur at Kumbakonam to dispose of https://www.mhc.tn.gov.in/judis WP No. 19182 of 2025the Special S.C.No.21 of 2019 within a period of six (6) months from the date of receipt of a copy of this order. No costs.30-06-2025(2/2)kmiIndex:Yes/NoSpeaking orderInternet:YesNeutral Citation:Yes/NoTo1.The Government Of TamilnaduRep. By Its Secretary To Government , Municipal Administration And Water Supply Department, Fort St. George, Secretariat, Chennai-600 009.2.The Director Of Municipal AdministrationNo.75, Santhome High Road, M.R.C. Nagar, Chennai-600 029.3.The CommissionerThanjavur City Municipal Corporation, No.2979/1, Gandhiji Road, Thanjavur-613001.4. The Chief Judicial Magistrate,Thanjavur @ Kumbakonam. https://www.mhc.tn.gov.in/judis WP No. 19182 of 2025C.KUMARAPPAN J.kmiWP No. 19182 of 2025AND WMP NO.21455 & 21459 OF 202530-06-2025(2/2)

WP No. 19182 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30-06-2025CORAMTHE HONOURABLE MR.JUSTICE C.KUMARAPPANWP No. 19182 of 2025ANDWMP NOS. 21455 & 21459 OF 20251. R.ChandraboseAssistant Engineer, Thanjavur City Municipal Corporation, Thanjavur-613001.Petitioner(s)Vs1. The Government Of Tamil NaduRep. By Its Secretary To Government , Municipal Administration And Water Supply Department, Fort St. George, Secretariat, Chennai-600 009.2.The Director Of Municipal AdministrationNo.75, Santhome High Road, M.R.C. Nagar, Chennai-600 029.3.The CommissionerThanjavur City Municipal Corporation, No.2979/1, Gandhiji Road, Thanjavur-613001.Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 19182 of 2025PRAYERWrit Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to set aside the impugned order of the 1st respondent passed in Letter Na.Ka.No.8213/MC.5/2023-1, dated 28.07.2023 and quash the same and consequently to direct the 1st and 2nd Respondents to consider the name of the Petitioner for promotion as Assistant Executive Engineer from 22.10.2022 in the posts sanctioned by Government in G.O.Ms.No.152 MAWS Department dated 20.10.2022 with all service and monetary benefits from the said date and also to consider his name for the post of Executive Engineer in the Combined List prepared as under the Tamil Nadu Urban Local Bodies Rules, 2023.For Petitioner(s):M/s. S.N. RavichandranFor Respondent(s):M/s. C. Selvaraj A.G.P., For R1 To R3ORDERThis writ petition has been filed challenging the order dated 28.07.2023 by and in which the petitioner's promotion was withhold in view of the pendency of the disciplinary proceedings and the criminal cases. 2. Heard Mr.S.N.Ravichandran, learned counsel for the petitioner and Mr.C.Selvaraj, learned Additional Government Pleader appearing for the respondents 1 to 3. https://www.mhc.tn.gov.in/judis WP No. 19182 of 20253. The learned counsel for the petitioner would invite the attention of this Court about the letter of the Thanjavur Municipal Corporation, wherein it is only referred that in the pending proceedings before the Commissioner for Disciplinary, the petitioner has been arrayed only as a witness, and that no proceedings pending against him.4. Per contra, the learned Additional Government Pleader would submit that the petitioner cannot seek promotion as a matter of right and that the petitioner was imposed with a punishment of stoppage of increment for three months, without cumulative effects in the proceedings dated 04.08.2021 under reference in ROC.No.13275/18/MCE3 and also he was arrayed as an accused in Special SC.No.21 of 2019 and the same is still pending. He would further contend that, in view of the above proceedings, as per Schedule XI [Section 7(1) Part-A, II (1) & (11), the currency of punishment is in force. As such, contended that he is not entitled for promotion.5. I have given my anxious consideration to either side submissions.6. The submission of the learned counsel for the petitioner is that since 2023, he was not considered for promotion on the only ground that there is a pending disciplinary proceedings, as well as the criminal proceedings. The learned counsel for the petitioner has also invited the attention of this Court https://www.mhc.tn.gov.in/judis WP No. 19182 of 2025about the letter dated 27.12.2023, by and in which the Commissioner of Thanjavur Corporation has categorically stated that he did not involve in any criminal proceedings and was arrayed as only as witness in a proceedings pending before the Commissioner of Disciplinary, Trichy. 7. Now, the issue to be considered is, whether the order dated 28.07.2023 is to be interfered with or not?.While looking at the above order, the promotion was denied on the sole ground of pendency of the disciplinary proceedings as well as the criminal proceedings.8. It is well settled principle of law that the promotion is not the fundamental right, but for consideration of promotion is the fundamental right. Here, the issue is that the very consideration of the petitioner is delayed. For which, the learned Additional Government Pleader would invite the attention of this Court about the punishment imposed in a disciplinary proceedings on 04.08.2021, by and in which the petitioner was imposed with a punishment of stoppage of increment for three(3) months without cumulative effect. In this connection, the learned Additional Government Pleader would also invite the attention of this Court about the provisions of Tamil Nadu Government Servants (conditions of Service) Act, 2016. For ready reference, the provisions of Schedule-XI, Section 7(1) Part-A, II (1) & (11) is extracted hereunder:-“In cases where specific charges have been framed or charge https://www.mhc.tn.gov.in/judis WP No. 19182 of 2025sheet has been filed in criminal case against a member of service, promotion or appointment of such member of service shall be deferred till such proceedings are concluded.”“Any punishment (other than 'Censure') imposed on a member of service within a period of five years prior to the crucial date and a punishment of 'Censure' imposed within a period of one year to the crucial date shall be held against the member of service and his name shall not be considered for inclusion in the approved list.”9. According to the above provisions, any punishment other than the Censure, imposed on a member of service, the currency of punishment survive for, and for Censure, the currency of punishment is for one year. During the above period, his name will not be considered for inclusion in the approved list. In the case in hand, according to the submission of the petitioner, the punishment was imposed on 04.08.2021. Therefore, there is a check period for five years which ends only on 03.08.2026. Apart from that, in the criminal proceedings, he was imposed with punishment, and the same also staring against the petitioner. In such view of the matter, he is not eligible to be considered. Accordingly, this Court does not find any merits in this writ petition.10. In the result, this writ petition stands dismissed. However, considering the submission of the learned counsel for the petitioner and pendency of the criminal case since 2019, this Court deems it appropriate to direct the Chief Judicial Magistrate, Thanjavur at Kumbakonam to dispose of https://www.mhc.tn.gov.in/judis WP No. 19182 of 2025the Special S.C.No.21 of 2019 within a period of six (6) months from the date of receipt of a copy of this order. No costs.30-06-2025(2/2)kmiIndex:Yes/NoSpeaking orderInternet:YesNeutral Citation:Yes/NoTo1.The Government Of TamilnaduRep. By Its Secretary To Government , Municipal Administration And Water Supply Department, Fort St. George, Secretariat, Chennai-600 009.2.The Director Of Municipal AdministrationNo.75, Santhome High Road, M.R.C. Nagar, Chennai-600 029.3.The CommissionerThanjavur City Municipal Corporation, No.2979/1, Gandhiji Road, Thanjavur-613001.4. The Chief Judicial Magistrate,Thanjavur @ Kumbakonam. https://www.mhc.tn.gov.in/judis WP No. 19182 of 2025C.KUMARAPPAN J.kmiWP No. 19182 of 2025AND WMP NO.21455 & 21459 OF 202530-06-2025(2/2)