Madras High Court
T.Anujarani vs The Registrar General on 21 February, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.P.No.27410 of 2024
---------------------------
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No. 27410 of 2024
and
W.M.P.No.29915 of 2024
T.Anujarani ...Petitioner
Vs.
1.The Registrar General,
High Court, Madras.
3.The Principal Judge,
City Civil Court,
Chennai. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records of the
2nd respondent in connection with the impugned order passed by her in
Dis.No.8117/ 2024/ E2 dated 22.7.2024 and quash the same and direct the
respondents to declare the probation of the petitioner w.e.f. 10.02.2012 AN
and consequently revised the seniority of the petitioner in the post of
Assistant and her subsequent promotion and grant her all consequential
service and monetary benefits
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.27410 of 2024
---------------------------
For Petitioner : Mr.K.Venkataramani, Senior Counseling
for Mr.M.Muthappan
For Respondents : Mr.S.Arjun Suresh, Standing Cousel
******
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
Challenge is to the order of the learned Principal Judge, City Civil
Court, rejecting the request of the petitioner to declare her probation
retrospectively and consequently re-fix her seniority in all promoted posts.
2. The petitioner was appointed as a probationer on 27.01.2010 and
before she could complete the probation period of 2 years, she went on
Maternity Leave. Therefore, her probation was extended and finally her
probation was declared on 10.08.2012. The petitioner did not challenge the
said order. Subsequently, she was also promoted to the post of Assistant on
15.09.2012 and further promotions were also granted to her. After nearly 12
years, the petitioner has come up with the instant writ petition claiming that
her probation ought to have been declared earlier and exclusion of the
period of Maternity Leave is erroneous.
https://www.mhc.tn.gov.in/judis
---------------------------
3. The claim of the petitioner, no doubt, is based on the judgment of
the Division Bench of this Court in Tamil Nadu State Transport
Corporation Vs. B.Rajeswari made in W.A.No.1692 of 2022 dated
12.01.2023.
4. The learned counsel for the respondents would however point out
that a Single Judge of this Court in S.Nagajothi Vs. State of Tamil Nadu
made in W.P.No.1442 of 2023 etc., batch dated 29.09.2023 had held that in
terms of Explanation to Rule 30(c) of the Tamil Nadu Judicial and
Ministerial Service Rules any leave that is availed during the period of
probation shall be excluded while calculating the period of probation.
Attention of the Division Bench was not drawn to this particular Rule.
5. We do not think it is necessary for us to go into the controversy as
to whether Maternity Leave should be excluded or not for the purpose of
calculating the period of probation, in as much as, the petitioner has
approached the Court after 12 years and the petitioner is guilty of latches.
In this period of 12 years the petitioner has been favoured with at least three
promotions and she has, without demur, accepted the same. Apparently the
https://www.mhc.tn.gov.in/judis
---------------------------
trigger for the petitioner's action was the judgment of the Division Bench.
We do not think we could allow such fence-sitters to come to Court
belatedly and seek a relief which will disturb the seniority position that is
settled for long.
6. Hence, leaving the question of law open, this Writ Petition is
dismissed. No costs. Consequently, the connected miscellaneous petition
is closed.
(R.S.M., J.) (G.A.M., J.)
21.02.2025
dsa
Index : Yes/No
Neutral Citation : Yes/No
Speaking order / Non-speaking order
https://www.mhc.tn.gov.in/judis
---------------------------
To:
1.The Registrar General,
High Court, Madras.
3.The Principal Judge,
City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis
---------------------------
R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
dsa
21.02.2025
https://www.mhc.tn.gov.in/judis
