WP/11786/2024 of S.RAVIKUMAR Vs THE AGRICULTURAL PRODUCTION COMMISSIOENR AND on 9 October 2026

ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus

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directing the respondents to consider the petitioner for promotion to the post of Assistant Executive Engineer (Agricultural Engineering) as requested in his representation dated 03.01.2024 and grant him all consequential benefits.

2. Though the present writ petition was filed seeking promotion, the petitioner has restricted his prayer to the consideration of his representation dated 03.01.2024.

3. The learned counsel for the petitioner submitted that the petitioner is entitled to the post of Assistant Executive Engineer (Agricultural Engineering), however, the respondents have denied the promotion on account of the pendency of the criminal case. He further submitted that the petitioner sent a representation dated 03.01.2024, which was not considered by the respondents.

4. At this juncture, the learned Special Government Pleader submitted that, even according to the documents submitted by the petitioner, the FIR was registered against the petitioner in the year 2012 under the provisions of the Prevention of Corruption Act and according to the Court seal, it was filed on 15.04.2021. Therefore, even if the charge sheet was filed after 15 days, subsequent to the crucial date with a delay of 15 days, that by itself will not confer any right upon the petitioner to claim promotion as a matter of right. It is also the contention of the learned Special Government Pleader that since the

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charge sheet has already been filed, the prayer sought for cannot be granted and even the alternative relief of considering his representation cannot be entertained. Hence, prayed to dismiss the application.

5. I have given my anxious consideration to either side submissions.

6. The submission made by the learned counsel for the petitioner that mere pendency of an FIR, until the charge sheet is filed, cannot be a ground to deny promotion is perfectly in line with the provisions stated in Schedule XI of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016. According to the submissions of the learned counsel for the petitioner, the crucial date is on 01.04.2021, however, on perusal of the record, it shows that the charge sheet was filed on 15.04.2021. Now, the point to be considered is whether the subsequent filing of the charge sheet confers any right upon the petitioner to claim promotion as a matter of right. It is a well settled principle of law that promotion is not a matter of right.

7. In the case in hand, the consideration of the petitioner’s promotion commenced on the crucial date on 01.04.2021 whereas, charge sheet was filed on 15.04.2021. Therefore, by virtue of Schedule XI, the right of the petitioner to be considered for promotion automatically stands eclipsed. Therefore, this Court is of the firm view that issuing a Writ of Mandamus to consider the

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petitioner’s representation dated 03.01.2024 is only a futile exercise and therefore this Court does not find any merit in the writ petition.

8. Accordingly, this Writ Petition stands dismissed. No costs. 09-10-2026 Index: Yes Speaking Order Neutral Citation: Yes SHL To:

1. The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture and Farmers Welfare Department, Fort St. George, Chennai -600009.

2. The Chief Engineer(Agricultural Engineering), Nandanam, Chennai -600035.

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C.KUMARAPPAN J. SHL WP No. 11786 of 2024 09-10-2026