[Cites 13, Cited by 0]
Madras High Court
S.Suganthirani vs Government Of Tamil Nadu on 17 February, 2026
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.4065 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2026
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.4065 of 2026
S.Suganthirani ... Petitioner
Vs.
1.Government of Tamil Nadu,
represented by the Secretary,
Higher Education Department, (I-2),
(TE/CE)
Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Commissioner,
Department of Technical Education,
Government of Tamil Nadu,
Chennai – 600 025.
3.J.Ganesh ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus calling for the records of the
respondent – 2 connected with the order issued by him in his office
Letter No.1154/B1/2025 dated 21.07.2025 and quash the same and,
consequently, direct the respondent – 1 to review the earlier orders of
promotions or orders posting persons as Principals-in-charge, issued in
the year 2021, in the light of the restructured procedure codified for
1/8
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W.P.No.4065 of 2026
promotions, in the G.O.(MS).No.125 P&A.R(M) Department dated
13.11.2020 and hold the meeting of DPC to consider the case of the
petitioner as on 30.04.2021 for being posted as Principal-in-charge at
the Government Polytechnic College, Udhagamandalam with effect
from 30.04.2021.
For Petitioner : Mr.R.Natarajan
For Respondents : Mr.M.R.Gokul Krishnan
Additional Government Pleader
ORDER
The petitioner has filed this writ petition seeking issuance of
Writ of Certiorarified Mandamus calling for the records of the second
respondent connected with the order issued by him in his office Letter
No.1154/B1/2025 dated 21.07.2025 and quash the same and,
consequently, direct the first respondent to review the earlier orders of
promotions or orders posting persons as Principals-in-charge, issued in
the year 2021, in the light of the restructured procedure codified for
promotions, in the G.O.(Ms).No.125 P&A.R(M) Department dated
13.11.2020 and hold the meeting of DPC to consider the case of the
petitioner as on 30.04.2021 for being posted as Principal-in-charge at
the Government Polytechnic College, Udhagamandalam with effect
from 30.04.2021.
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2.The learned counsel appearing for the petitioner submitted
that the petitioner joined the service of the Education Department of
the Government of Tamil Nadu as Lecturer in the year 1999 and was
appointed as Lecturer on regular basis in the year 2006 and was
promoted as the Head of Department vide G.O.(Ms) No.79 HE(12)
Department dated 26.02.2021 and was posted at Government
Polytechnic College, Udhagamandalam and the petitioner joined there
on 30.04.2021. When the petitioner joined the Government
Polytechnic College, Udhagamandalam, the third respondent was
holding additional charge of the post of Principal at Udhagamandalam.
The third respondent is junior to the petitioner. After G.O.(Ms).No.125
P&A.R(M) Department dated 13.11.2020, the post of Principal is
required to be filled in by the mode of promotion on regular basis by
duly constituted Departmental Promotion Committees after drawing
panels from the State Level Seniority List of Officers in the feeder
cadre, but this mandatory procedure is not followed by the first
respondent.
3.The learned counsel appearing for the petitioner further
submitted that the respondents without duly constituting Departmental
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Promotion Committees are giving only temporary promotion by giving
incharge post. The learned counsel further submitted that the
petitioner made representations to the respondents seeking promotion
as Principal incharge and since the same was not considered, the
petitioner filed W.P.No.39842 of 2024 and pursuant to the order of this
Court dated 02.01.2025 made in the said writ petition, the present
impugned order was issued to the petitioner.
4.The learned counsel appearing for the petitioner further
submitted that on the crucial date, no charge was pending against the
petitioner and inorder to deprive the petitioner from getting regular
promotion, the respondents initiated disciplinary proceedings against
the petitioner by issuing charge memo dated 03.07.2025 under Rule
17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules,
which is not sustainable one.
5.The learned Additional Government Pleader submitted that
the petitioner worked as Lecturer in Government Polytechnic College,
Coimbatore and got promoted as Head of Department /
Instrumentation and Control Engineering at Government Polytechnic
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College, Udhagamandalam and joined there on 30.04.2021.
Thereafter, the respondents received complaints against the petitioner
and it was found that a criminal case was registered against the
petitioner under Sections 109, 120(B), 417, 420, 464, 465, 467, 468,
148, 447, 294(b) and 506(ii) of the Indian Penal Code and that the
petitioner had obtained anticipatory bail from the Madurai Bench of
this Court in Crl.O.P.(MD) No.23024 of 2024 inorder to avoid arrest
and hence, the charge memo dated 03.07.2025 under Rule 17 (b) of
the Tamil Nadu Civil Services (Discipline and Appeal) Rules, was issued
to the petitioner and thereafter she was placed under suspension vide
G.O.(2D) No.13, Higher Education (I2) Department, dated 21.07.2025.
When the petitioner is facing criminal charges and she is placed under
suspension, the petitioner is not entitled for any promotion. Hence,
the impugned order warrants no interference.
6.Heard the arguments advanced on either side and perused
the materials available on record.
7.The petitioner claim that the third respondent is junior to
her and he was granted the temporary post of Principal incharge and
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that she is senior to the third respondent and she entitled to be
considered for the temporary post of Principal incharge and that on the
crucial date, no charge was pending against the petitioner.
8.Perusal of records reveal that a criminal case was
registered against the petitioner and hence, the charge memo dated
03.07.2025 under Rule 17 (b) of the Tamil Nadu Civil Services
(Discipline and Appeal) Rules, was issued to the petitioner and
thereafter she was placed under suspension vide G.O.(2D) No.13,
Higher Education (I2) Department, dated 21.07.2025. When the
petitioner is facing criminal charges and she is placed under
suspension, the petitioner is not entitled for any promotion. Hence,
the impugned order warrants no interference.
9.It is the contention of the petitioner that the respondents
without duly constituting Departmental Promotion Committees are
giving only temporary promotion by giving incharge post. Hence, this
Court directs the respondents to constitute Departmental Promotion
Committee each and every year for granting promotion to the eligible
persons.
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10.The writ petition is dismissed with the above direction. No
costs.
17.02.2026
pri
Index: Yes/ No
Speaking Order: Yes/ No
NCC: Yes/ No
To
1.The Secretary,
Higher Education Department, (I-2),
(TE/CE)
Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Commissioner,
Department of Technical Education,
Government of Tamil Nadu,
Chennai – 600 025.
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M.DHANDAPANI,J.
pri
17.02.2026
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