High Court · 2025

W.P. No.29494 of 2014IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.02.2025CORAM : THE HONOURABLE MR. JUSTICE C.SARAVANANW.P.No.29494 of 2014M.V.Krishnamurthi... PetitionerVs.1.The Government of Tamil Nadu, rep. by the Principal Secretary to the Government, Public Works Department, Fort St. George, Chennai – 600 009.2.The Principal Chief Engineer (Buildings) cum Chief Engineer (Buildings), Chennai Region cum Chief Engineer (General) Public Works Department, Chepauk, Chennai – 600 005.…RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of certiorarified Mandamus to call for the records relating to the impugned order of the first respondent in Letter NO.31138/B2/2013-3 dated 10.07.2014 and quash the same and direct the respondents to grant promotion to the petitioner as Administrative Officer with effect from 29.04.2013 with all consequential benefits.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P. No.29494 of 2014For Petitioner : M/s.P.MohanrajFor R1 & R2 : Mr.E.Vijay Anand Additional Government Pleader.ORDERThe writ petition is of the year 2014. The Petitioner was 57 years old at the time of filing of the writ petition. During the pendency of the present writ petition, the Petitioner would have also attained the age of superannuation.2.In this writ petition, the Petitioner has challenged the promotion given to one K.Kousalya who was ranked at 1572 in the TNPSC vide proceedings in C1(3)/7492/2013 dated 29.04.2013 of the Principal Chief Engineer, the 2nd respondent. However, the appeal of the Petitioner, who was ranked at 1552 to the 2nd Respondent pursuant to the aforesaid proceeding was rejected vide Impugned Order dated 10.07.2014 bearing No.31138/B2/2013-3.3.Relevant Portion of the Impugned Order dated 10.07.2014 is extracted hereunder;Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P. No.29494 of 2014“ghh;it xd;wpy; fhZk; j';fsJ nky;KiwaPl;L kDtpy;. j';fsJ KJepiy thpirapy; jpUj;jk; bra;J. eph;thf mYtyh; gjtp cah;t[ tH';FkhW nfhug;gl;Ls;sJ/2/j';fSila nky;KiwaPl;L kD Fwpj;J jiyikg; bghwpahsh; (bghJ). bghJg;gzpj; Jiw mth;fSld; fye;jha;t[ bra;ag;gl;Ls;sJ/3/j';fSf;F. Jiwj;njh;tpy; njh;r;rp bgw;wjd; mog;gilapYk;. KJepiyapd; mog;gilapYk; cjtpahsuhf gjtp ca';t[ tH';fg;gl;Ls;sJ rhpahdJjhd; vd;gjhYk;. jkpH;ehL bghJg; gzpfs; gFjp II – Class XXIV ,y;. rpwg;g[ tpjpfspy;. tpjp 2B d;go. eph;thf mYtyuhf gzp epakdk; bgw fz;fhzpg;ghsh; gjtpapy; Ie;J Mz;L gzpf; fhyj;jpid jh';fs; epiwt[ bra;ahj fhuzj;jpdhYk;. j';fsJ nky; KiwaPl;L kD epuhfhpf;fg;gLfpwJ vd;W j';fSf;Fj; bjhptpj;Jf;bfhs;sg; gzpf;fg;gl;Ls;nsd;/@4.It is the specific case of the petitioner that both the Petitioner and the aforesaid K.Kousalya were serving as 'Superintendent' at the Respondent Department and were promoted on the same day, i.e., on 28.07.2007. It is the case of the petitioner that the Petitioner could join the promotional post of Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P. No.29494 of 2014'Superintendent' at Trichy only on 28.09.2007, after getting relieved on 27.09.2007 from the Office of Executive Engineer, Kanchipuram due to administrative delay in transmitting the posting order. However, the Petitioner's immediate junior, namely K.Kousalya, was able to join in her promotional post of 'Superintendent' at Chennai as the Posting Order was communicated immediately. Thus, there is a difference in the date of joining the promotional post of 'Superintendent' from the post of 'Assistant', by the Petitioner and the Petitioner's junior K.Kousalya, although the promotions were given to both the petitioner and the petitioner's junior on the same date on 28.07.2007.5.It is the further case of the Petitioner that the Petitioner cannot be found fault for joining the promotional post at Trichy on 28.09.2007 as he was relieved only on 27.09.2007 due to administrative delay. It is stated that Para No.6 of the Counter Affidavit filed by the Respondent also confirms the above position. Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P. No.29494 of 20146.It is the case of the Respondents that after the superannuation of the Petitioner, the requirement of five years of service in the post of 'Superintendent' norm for the purpose of promotion was omitted with effect from 01.09.2007 by making an amendment to the Special Rules of Tamil Nadu General Service by G.O.Ms.No.63, Public Work(B2) Department dated 16.03.2015.7.It is therefore, the stand of the Respondents is that consequent to the amendment brought by the above notification to the aforesaid Rules, the Petitioner is not entitled for any promotion as prayed for and that the Writ Petition is liable to be dismissed.8.I Have considered the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents.9.I am of the view that a gross violation has been committed by the Respondents in not recognizing the Petitioner to the next promotional post of 'Administrative Officer', merely on the ground that there is a shortage of 27 Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P. No.29494 of 2014days for the required 5 years of service as a 'Superintendent'. The petitioner joined the post of 'Superintendent' at Trichy on 28.09.2007, which was 27 days later than the date on which the Petitioner's immediate junior, K.Kousalya, joined the promotional post of 'Superintendent' at Chennai on 17.08.2007. 10.There was no logistical dislocation involved as far as K.Kousalya's reassignment to the promotional post in Chennai, whereas the Petitioner was transferred from Kancheepuram to Trichy and was relieved only 27.09.2007 from the office at Kancheepuram, after the relieving order was issued. 11.The petitioner cannot be faulted for such administrative delay and therefore, cannot be denied his legitimate right to be considered for promotion to the post of 'Administrative Officer', which has been unfairly conferred upon the Petitioner's junior, despite the Petitioner being the senior. In any event, both the Petitioner and the said junior K.Kousalya would have retired from service at this distant point of time.Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P. No.29494 of 201412.Under these circumstances, this Court is inclined to allow this Writ Petition and directs the respondents to notionally promote the Petitioner to the post of 'Administrative Officer', and to redo all terminal benefits, arrears of pay, if any, and the pension payable to the Petitioner within a period of three(3) months from the date of receipt of a copy of this order.13.Accordingly, this writ petition stands allowed with the above directions. The connected miscellaneous petitions, if any, shall stand closed. No costs.28.02.2025Index:Yes/NoSpeaking Order:Yes/NodpaTo:1.The Government of Tamil Nadu, rep. by the Principal Secretary to the Government, Public Works Department, Fort St. George, Chennai – 600 009.2.The Principal Chief Engineer (Buildings) cum Chief Engineer (Buildings), Chennai Region cum Chief Engineer (General) Public Works Department, Chepauk, Chennai – 600 005.Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P. No.29494 of 2014C.SARAVANAN,J.dpaW.P.No.29494 of 201428.02.2025Page No.8 of 8