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Madras High Court
K.Sait Mohammed vs The Agricultural Production ... on 19 January, 2026
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2026:MHC:202
W.A.No.1225 of 2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2026
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.A.No. 1225 of 2022
K.Sait Mohammed ...Appellant
Vs.
1.The Agricultural Production Commissioner &
The Principal Secretary to Government,
Agricultural Department,
Fort St. George, Chennai – 600 009.
2.The Director of Agriculture,
Chennai – 600 005.
3.The Joint Director of Agriculture,
Trichirapalli – 600 005. ...Respondents
PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent praying
to set aside the order passed by this Court in W.P.No.6783 of 2014 dated
17.12.2020 with costs.
For Appellant : Mr.M.Vijaya Kumar
For Respondents : Mr.Haja Nazirudeen,
Addl. Advocate General
assisted by Mr.M.Rajendiran,
Addl. Govt. Pleader
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W.A.No.1225 of 2022
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JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Under assail is the writ order dated 17.12.2020 passed in W.P.No.6783
of 2014.
2. The writ petitioner is the appellant before this Court. The cause
arose for filing of the Writ Petition in view of the order passed by the
Government vide letter dated 22.08.2013. A perusal of the said Government
letter would show that the petitioner filed W.P.No.32877 of 2012 to dispose of
his representation dated 12.08.2012. The High Court passed an order
directing the Government to consider the representation dated 12.08.2012
and pass appropriate orders on merits and in accordance with law within a
period of eight weeks. Subsequently the impugned order in Writ proceedings
dated 22.08.2013 came to be issued.
3. A reading of the said Government letter would reveal that the
appellant was appointed as Agricultural Officer on 24.10.1983. A charge
memo was issued on 26.04.1991. The disciplinary proceedings ended with an
order of punishment on 27.11.1997 imposing a punishment of stoppage of
increment for two years without cumulative effect for which currency of
punishment lasted from 01.07.1998 to 30.06.2000. In view of the currency of
punishment, Selection Grade was not awarded to the appellant. However,
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subsequently Selection Grade was awarded to the appellant with effect from
01.01.2001 by the Commissioner of Agriculture.
4. With reference to issuance of charge memo and imposition of
punishment, the learned Additional Advocate General would submit that the
present Writ Appeal is second round of litigation. The writ petitioner earlier
filed Writ Petition in W.P.No.24114 of 2006 challenging the Government letter
dated 10.04.2006 and to grant Selection Grade to the appellant retrospectively
with effect from 24.10.1993, if not atleast from 01.01.1994, the date on which
the appellant completed 10 years of service from his initial date of
appointment.
5. The Writ Petition was disposed of with a direction that the appellant
was not given annual increment even after completion of punishment period,
the 2nd respondent is bound to consider and sanction the increment. The
appellant was permitted to make a representation before the Director of
Agriculture within a period of two weeks and the said representation was
directed to be considered. Not satisfied with the above Writ order, the
appellant herein filed Writ Appeal in W.A.No.2270 of 2011. The Division
Bench has passed final orders on 10.12.2011 affirming the order of the writ
Court dated 02.08.2010. The Division Bench has recorded that the
punishment imposed remained effective till the year 2000 on account of
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currency of punishment, Selection Grade benefit was granted to the appellant
with effect from 01.01.2001. Thus the issue reached finality at that point of
time. Therefore, submitting further representation may not arise at all. The
petitioner reached the age of superannuation on 31.01.2019 and allowed to
retire from service.
6. Once the issues have reached finality, reopening the same issue by
submitting representation, securing orders from the writ Court to dispose of
the representation would result in multiplicity of proceedings and would not
serve to the cause of justice. If at all the person is aggrieved from any order of
the Writ Court or the Writ Appellate Court, he has to prefer an appeal and not
representation after some time. Re-litigating the issue is opposed to the
principles of law.
7. Even on merits, in the present case, the petitioner was appointed in
the year 1983 and charge memo was issued in the year 1991, which ended
with an order of punishment. The punishment became final and the currency
of punishment was taken into consideration for grant of Selection Grade.
However, subsequently benefit of Selection Grade was granted in 2001, which
was confirmed by the Hon’ble Division Bench of this Court in W.A.No.2270 of
2011 dated 10.12.2011. That being the factum, the present litigation is nothing
but a re-litigation, which deserves no merit consideration.
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8. Consequently, the writ order in W.P.No.6783 of 2014 dated
17.12.2020 stands confirmed and the Writ Appeal is dismissed. No costs.
(S.M.S., J.) (C.K., J.)
19.01.2026
dsa
Index :Yes/No
Neutral Citation :Yes/No
Speaking/Non-speaking order
To
1.The Agricultural Production Commissioner &
The Principal Secretary to Government,
Agricultural Department,
Fort St. George, Chennai – 600 009.
2.The Director of Agriculture,
Chennai – 600 005.
3.The Joint Director of Agriculture,
Trichirapalli – 600 005.
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S.M.SUBRAMANIAM, J.
and
C.KUMARAPPAN, J.
dsa
19.01.2026
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