High Court · 2025

W.P.(MD) Nos.7740, 7739, 7798 of 2025 & Cont.P(MD)No.535 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 20.03.2025CORAM:THE HONOURABLE Mr.JUSTICE BATTU DEVANANDW.P.(MD)Nos.7740, 7739, 7798 of 2025and Cont.P(MD)No535 of 2025In WP(MD)No.7740 of 2025R.Saraswathi... PetitionerVs.The District Adi Dravidar and Tribal Welfare Officer,Thoothukudi District. ... RespondentPRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondent to consider and dispose of the petitioner's representation dated 05.02.2025 in accordance with law and on its merits as expeditiously as possible within the time stipulation as prescribed by this Court.For Petitioner: Mr.R.Anand For Respondent : Mr.Ajmal Khan Additional Advocate General Assisted by Mr.P.Subbaraj, Special Government PleaderIn WP(MD)No.7798 of 2025S.Chinnadurai... PetitionerVs.The District Adi Dravidar and Tribal Welfare Officer,Thoothukudi District. ... Respondent___________Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.7740, 7739, 7798 of 2025 & Cont.P(MD)No.535 of 2025PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondent to consider and dispose of the petitioner's representation dated 05.02.2025 in accordance with law and on its merits as expeditiously as possible within the time stipulation as prescribed by this Court.For Petitioner: Mr.R.Anand For Respondent : Mr.Ajmal Khan Additional Advocate General Assisted by Mr.P.Subbaraj, Special Government PleaderIn WP(MD)No.7739 of 2025K.Velraja... PetitionerVs.The District Adi Dravidar and Tribal Welfare Officer,Thoothukudi District. ... RespondentPRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondent to consider and dispose of the petitioner's representation dated 05.02.2025 in accordance with law and on its merits as expeditiously as possible within the time stipulation as prescribed by this Court.For Petitioner: Mr.R.Anand For Respondent : Mr.Ajmal Khan Additional Advocate General Assisted by Mr.P.Subbaraj, Special Government PleaderIn Cont.P(MD)No.535 of 20251.G.Muthukumar2.G.Malliga3.C.Veerakali Mageswari4.K.Muthu Raamalakshmi___________Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.7740, 7739, 7798 of 2025 & Cont.P(MD)No.535 of 20255.S.Muthu Santhi6.P.Muthuselvam... Petitioner/PetitionerVs.Ms.J.Benet Asir,The District Adi Dravidar and Tribal Welfare Officer,O/o The District Adi Dravidar and Tribal Welfare Office,Thoothukudi District. ... RespondentPRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors/respondents for their willful, deliberate disobedience of the order of this Court made in W.P.(MD)No.18390 of 2024, dated 02.08.2024.For Petitioner: Mr.T.Aswin Raja Simman For Respondent : Mr.M.Ajmal Khan Senior Counsel Assisted by Mr.P.Subbaraj C O M M O N O R D E RWP(MD)Nos.7740 of 2025, 7739 of 2025 and 7798 of 2025 are filed by the petitioners seeking a direction to the respondent to consider their representations dated 05.02.2025 in accordance with law as expeditiously as possible. Cont.P(MD)No.535 of 2025 is filed complaining willful disobedience of the respondent in complying the order dated 02.08.2024 in W.P.(MD)No.18390 of 2024.2. The learned counsel appearing for the petitioner in the contempt petition submits that while allowing WP(MD)No.18390 of 2024, this ___________Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.7740, 7739, 7798 of 2025 & Cont.P(MD)No.535 of 2025Court directed the third respondent therein i.e,the District Adi Dravidar and Tribal Welfare Officer, Thoothukudi District, to consider the representation dated 24.05.2024 of the petitioners on its own merits and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of the order. The said direction is not complied with by the respondent. Hence, the petitioner filed contempt petition.3. WP(MD)Nos.7740 of 2025, 7739 of 2025 and 7798 of 2025 are filed against the inaction of the respondents in considering their representations dated 05.02.2025 and in view of the order dated 02.08.2024 passed in WP(MD)No.18390 of 2024, the petitioners 1 to 6 therein are trying to get promotion before finalization of seniority list, which is unfair and that would affect the seniority of the petitioners in WP(MD)Nos.7740 of 2025, 7739 of 2025 and 7798 of 2025.4. Heard the learned counsel for the petitioners and the learned Additional Advocate General, assisted by Mr.P.Subbaraj, learned Special Government Pleader appearing for the respondent in the writ petitions ___________Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.7740, 7739, 7798 of 2025 & Cont.P(MD)No.535 of 2025and the learned counsel for the petitioner and the learned Senior Counsel appearing for the respondent in the contempt petition and perused the materials available on record.5. As far as the representation submitted by the petitioners in WP(MD)No.18380 of 2024 and the request of the petitioners in WP(MD)Nos.7740 of 2025, 7739 of 2025 and 7798 of 2025 are concerned, both relate to preparation of the seniority list in the cadre of the Secondary Grade Teachers and for promotion to the post of B.T Assistant. 6. Seeking to review the seniority list in the cadre of the Secondary Grade Teachers, W.P(MD)No.18390 of 2024 was filed seeking a direction to the respondents therein to grant promotion to the petitioners by considering their representation dated 24.05.2024. While disposing the said writ petition, this Court vide order dated 02.08.2024 directed the respondents to consider the representation dated 24.05.2024. In the light of the said order, the petitioners in WP(MD)Nos.7740 of 2025, 7739 of 2025 and 7798 of 2025, apprehend that if the respondent considers the ___________Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.7740, 7739, 7798 of 2025 & Cont.P(MD)No.535 of 2025request of the petitioners in W.P(MD)No.18390 of 2024 and pass any order, it would affect their promotion. Therefore, they submitted representations to the District Adi Dravidar Welfare Officer, Thoothukudi District to provide opportunity to them before passing any order in compliance of the order of this Court in W.P(MD)No.18390 of 2024. Now, along with the said writ petitions, one contempt petition, which was filed complaining the disobedience of the respondents therein in disobeying the order passed in WP(MD)No.18390 of 2024, are taken up together for hearing. 7. During the course of hearing, Mr.Ajmal Khan, learned Additional Advocate General appearing for the respondent submits that at the time of passing the order by this Court i.e on 02.08.2024 in WP(MD)No.18390 of 2024, the District Adi Dravidar and Tribal Welfare Officer is the unit head and he is the competent authority for preparation of seniority list and effect promotion among the Secondary Grade Teachers. Now, the Special Rules for the Tamilnadu Adi Dravidar Welfare Subordinate Service are amended on 30.09.2024 with retrospective effect from 01.03.2024. As of now, the competent authority, ___________Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.7740, 7739, 7798 of 2025 & Cont.P(MD)No.535 of 2025to fix the seniority and to effect transfers, is the Director of Adi Dravidar and Tribal Welfare Officer of the Government of Tamil Nadu. The arrangement was made in the light of treating the Secondary Grade Teacher post as the State Level Post. 8. Accordingly, the learned Additional Advocate General suggests to permit the petitioners in all the petitioners to submit fresh representations to the Director of Adi Dravidar and Tribal Welfare Officer of the Government of Tamil Nadu with their claim and fresh representations will be considered in accordance with law.9. The learned counsels appearing for the petitioners in all the writ petitions and the contempt petition accepted the suggestion made by the learned Additional Advocate General.10. Considering the fact that the issue involved in all the cases are one and the same, in our considered view, the suggestion made by the learned Additional Advocate General is reasonable and to give finality to the present issue.___________Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.7740, 7739, 7798 of 2025 & Cont.P(MD)No.535 of 202511. Accordingly, WP(MD)Nos.7740 of 2025, 7739 of 2025, 7798 of 2025 and Cont.P(MD)No.525 of 2025 are closed. The petitioners are granted liberty to submit their fresh representations to the Director of Adi Dravidar and Tribal Welfare Officer of the Government of Tamil Nadu within two weeks from today.12. This Court expects that the learned Additional Advocate General advise the Director of Adi Dravidar and Tribal Welfare Officer of the Government of Tamil Nadu to consider the representations to be submitted by the petitioners herein in accordance with law as expeditiously as possible.There shall be no order as to costs. 20.03.2025NCC:yes/noIndex:yes/noInternet:yes/noCM___________Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.7740, 7739, 7798 of 2025 & Cont.P(MD)No.535 of 2025To,1.The District Adi Dravidar and Tribal Welfare Officer,Thoothukudi District.2.Ms.J.Benet Asir,The District Adi Dravidar and Tribal Welfare Officer,O/o The District Adi Dravidar and Tribal Welfare Office,Thoothukudi District.___________Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.7740, 7739, 7798 of 2025 & Cont.P(MD)No.535 of 2025BATTU DEVANAND, J.CMW.P.(MD)Nos.7740, 7739, 7798 of 2025and Cont.P(MD)No535 of 2025Dated : 20.03.2025___________Page 10 of 10