Madras High Court
A.Shanmugavel vs The Registrar Of on 18 September, 2025
Author: Abdul Quddhose
Bench: Abdul Quddhose
2025:MHC:2228
W.P.(MD) No.19881 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD) No.19881 of 2021
and
W.M.P.(MD) Nos.16616 & 16617 of 2021
A.Shanmugavel ... Petitioner
-vs-
The Registrar of
Co-operative Societies
Office of the Registrar of
Co-operative Societies
Poonamalli High Road
Chennai-10 ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus calling for the records pertaining to the
impugned G.O.(3D) Ms.No.6 dated 02.09.2021 issued by the respondent and
quash the same and consequently directing the respondent herein to promote
the petitioner as Deputy Registrar of Co-operative Society to include his name
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W.P.(MD) No.19881 of 2021
in the promotion list for the post of Co-operative Deputy Registrar as per the
seniority list prepared by the respondent in the proceedings dated 02.09.2021.
For Petitioner : Mr.S.M.Mohan Gandhi
For Respondent : Mr.A.Baskaran
Additional Government Pleader
ORDER
This writ petition has been filed challenging the impugned
seniority list prepared by the respondent, dated 02.09.2021, in G.O.No.(3D)
No.6, Cooperation, Food and Consumer Protection (CD1) Department, which
has excluded the petitioner's name in the promotion list for the post of Deputy
Registrar for Co-operative Societies.
2. Subsequent to the filing of this writ petition, the petitioner was
retired from service on 30.06.2022.
3. At the outset, learned Additional Government Pleader appearing
for the respondent placed reliance on the decision of the Honourable Supreme
Court in the case of Government of West Bengal and others vs. Dr.Amal
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Satpathi and others, reported in 2024 SCC OnLine SC 3512 and would
submit that since the petitioner has already retired from service, he cannot
claim notional promotion as per the aforesaid decision rendered by the
Honourable Supreme Court.
4. By relying on Rule 11 of Schedule XI to the Tamil Nadu
Government Servants (Conditions of Service) Act, 2016, learned Additional
Government Pleader appearing for the respondent would submit that the
petitioner is not entitled for promotion as claimed by him for the following
reasons:
(a) On completion of disciplinary proceedings, the
petitioner was imposed the punishment of stoppage of
increment for a period of six months without
cumulative effect by the order of the Disciplinary
Authority (Joint Registrar), dated 01.10.2018.
(b) The period of punishment inflicted on the petitioner
was for the period from 01.07.2019 to 31.12.2019.
(c) As per Rule 11 of Schedule XI to the Tamil Nadu
Government Servants (Conditions of Service) Act,
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2016, any punishment imposed on a member of
service within a period of five years prior to the crucial
date shall be held against member of service and his
name shall not be considered for inclusion in the
approved list. Rule 11 of Schedule XI to the Tamil
Nadu Government Servants (Conditions of Service) Act,
2016, is re-produced hereunder:
“(11) 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 prior 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.
Any punishment, including 'Censure'
imposed on a member of service after the
crucial date, but before the actual promotion
or appointment shall be held against the
member of service and he shall not be given
promotion or appointment.”
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(d) Since the impugned seniority list is dated 02.09.2021
and since the petitioner was not entitled to be included
in the seniority list as per Rule 11 of Schedule XI to
the Tamil Nadu Government Servants (Conditions of
Service) Act, 2016, the request of the petitioner has
been rightly rejected under the impugned proceedings
dated 02.09.2021.
5. This Court both on the ground that the petitioner is seeking for
notional promotion after his retirement, which is contrary to the Judgment
rendered by the Honourable Supreme Court in Government of West Bengal's
case, referred to supra, as well as on the ground that the petitioner was not
entitled to be included in the impugned promotion list dated 02.09.2021 due
to the fact that the five-year period subsequent to the expiry of the
punishment period has not been completed, this Court has to reject the
petitioner's request for notional promotion and therefore, this Court does not
find any infirmity in the impugned seniority list dated 02.09.2021 prepared by
the respondent.
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6. In the result, there is no merit in this writ petition and
accordingly, the same is dismissed. No costs. Consequently, connected
miscellaneous petitions are closed.
18.09.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The Registrar of
Co-operative Societies,
Office of the Registrar of
Co-operative Societies,
Poonamalli High Road,
Chennai-10 .
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ABDUL QUDDHOSE, J.
krk
and
W.M.P.(MD) Nos.16616 & 16617 of
18.09.2025
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