Madras High Court
V.Selvaraj … vs The State Of Tamil Nadu on 4 April, 2025
W.P. Nos. 14838 & 14842 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2025
CORAM
THE HON'BLE Ms. JUSTICE R.N.MANJULA
W.P. Nos. 14838 and 14842 of 2019
and
W.M.P. Nos. 14818 and 14824 of 2019
W.P. No.14838 of 2019:-
V.Selvaraj … Petitioner
-vs-
1. The State of Tamil Nadu
Rep. by its Chief Secretary to Government
Secretariat, Fort St. George
Chennai-600009.
2. The State of Tamil Nadu
Rep. by its Principal Secretary to Government
Public Department
Secretariat, Fort St. George
Chennai-600009.
3. The State of Tamil Nadu
Rep. by its Principal Secretary to Government
Personnel and Administrative Reforms Department
Secretariat, Fort St. George
Chennai-600009. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Mandamus, directing the respondents to grant
promotion to the petitioner to the post of Additional Secretary to Government
1/7
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W.P. Nos. 14838 & 14842 of 2019
in the existing available vacancies based on eligibility as on crucial date on
01.09.2018 in pursuant to the proceedings issued by the third respondent in
Letter No.E1/950-5/2018 dated 19.02.2019 Public Department with all
consequential and other attendant benefits including retirement benefits in the
post of Additional Secretary to Government, by considering the representation
submitted by the petitioner dated 08.05.2019.
For Petitioner : Ms.A.Maheshnath
For Respondents : Mr.A.M.Ayyadurai, GA (RR1 to 3)
W.P. No.14842 of 2019:-
V.Avudaiappan … Petitioner
-vs-
1. The State of Tamil Nadu
Rep. by its Chief Secretary to Government
Secretariat, Fort St. George
Chennai-600009.
2. The State of Tamil Nadu
Rep. by its Principal Secretary to Government
Public Department
Secretariat, Fort St. George
Chennai-600009.
3. The State of Tamil Nadu
Rep. by its Principal Secretary to Government
Personnel and Administrative Reforms Department
Secretariat, Fort St. George
Chennai-600009. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
2/7
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W.P. Nos. 14838 & 14842 of 2019
1950, praying to issue a Writ of Mandamus, directing the respondents to grant
promotion to the petitioner to the post of Additional Secretary to Government
in the existing available vacancies based on eligibility as on crucial date on
01.09.2018 in pursuant to the proceedings issued by the third respondent in
Letter No.E1/950-5/2018 dated 19.02.2019 Public Department with all
consequential and other attendant benefits including retirement benefits in the
post of Additional Secretary to Government, by considering the representation
submitted by the petitioner dated 08.05.2019.
For Petitioner : Ms.A.Maheshnath
For Respondents : Mr.A.M.Ayyadurai, GA (RR1 to 3)
COMMON ORDER
The petitioners have filed these writ petitions for directing the
respondents to grant promotion to the petitioners to the post of Additional
Secretary to Government in the existing available vacancies based on the
eligibility as on crucial date 01.09.2018 in pursuant to the proceedings issued
by the third respondent in Letter No.E1/950-5/2018 dated 19.02.2019 Public
(Special A) Department with all consequential and other attendant benefits
including retirement benefits in the post of Additional Secretary to
Government, by considering the common representation submitted by the
petitioners dated 08.05.2019.
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W.P. Nos. 14838 & 14842 of 2019
2. Heard Ms.A.Maheshnath, learned counsel for the petitioners and
Mr.A.M.Ayyadurai, learned Government Advocate for the first to third
respondents and perused the materials placed on record, apart from the
pleadings of the parties.
3. It has been informed by the learned counsel for the petitioners that after
the filing of these Writ Petitions, the petitioner in W.P. No. 14838 of 2019, viz.,
V.Selvaraj, has died. However, steps have not been taken to implead his legal
representative on his behalf in W.P. No. 14838 of 2019.
4. The petitioners had retired from service on 31.05.2019 due to
superannuation. At that time, they petitioners were working as Joint Secretaries
to the Government. The petitioners claim that they were eligible to the post of
Additional Secretary and there were 8 vacancies available during August 2018
itself. The petitioners have been included in the promotion panel to the post of
Additional Secretary for the promotion panel year 2018-2019. Despite the
petitioners' name have been forwarded on 28.02.2019, they were not given with
any promotion. Hence, the petitioners claim notional promotion to the post of
Additional Secretary based on the year wise promotion panel 2018-2019.
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W.P. Nos. 14838 & 14842 of 2019
5. The learned Government Advocate appearing for the respondents
submitted that the petitioners have been informed by the Government Letter
No.790/2019, Public (Special A) Department dated 31.05.2019 that their
request for promotion to the cadre of Additional Secretary to the Government
has not been complied because of the revision of seniority in the cadre of
Assistant Section Officer. It is further submitted that the seniority has not been
fixed as per the earlier orders passed by this Court in W.P. Nos. 15683 and
15684 of 2011 dated 03.08.2018, which has resulted in not promoting the
persons even seniors to the petitioners who had retired on 31.05.2019.
6. The petitioners have not chosen to challenge the Government Letter
No.790/2019, Public (Special A) Department dated 31.05.2019 intimating the
petitioners that the seniority in the cadre of Assistant Section Officer has been
revised in view of the earlier orders passed by this Court in W.P. Nos. 15683
and 15684 of 2011 dated 03.08.2018. When the persons seniors to the
petitioners are themselves are deprived of benefit of getting the promoted to the
post of Additional Secretary, the petitioners cannot seek exception to direct the
respondents to grant notional promotion to them by overlooking their seniors.
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W.P. Nos. 14838 & 14842 of 2019
7. In view of the same, this writ petition is disposed of. However, this order
will not stand in the way, if the petitioners also found in a better place in the
revised seniority list arrived as per the earlier orders passed by this Court in
W.P. Nos.15683 and 15684 of 2011 dated 03.08.2018, which has been
confirmed by judgments passed by the Division Bench of this Court in W.A.
Nos. 2537 and 2612 of 2019 dated 23.12.2020. No costs.
04.04.2025
Internet: Yes/No
Speaking /Non-speaking order
Maya
To
1. The Chief Secretary to Government of Tamil Nadu
Secretariat, Fort St. George
Chennai-600009.
2. The State of Tamil Nadu
Rep. by its Principal Secretary to Government
Public Department
Secretariat, Fort St. George
Chennai-600009.
3. The State of Tamil Nadu
Rep. by its Principal Secretary to Government
Personnel and Administrative Reforms Department
Secretariat, Fort St. George, Chennai-600009.
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W.P. Nos. 14838 & 14842 of 2019
R.N.MANJULA, J.
Maya
W.P. Nos. 14838 & 14842 of 2019
Dated : 04.04.2025
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