WA/1649/2024 of K.PORSELVI Vs THE DISTRICT COLLECTOR on 23 September 2026

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) The present Writ Appeal has been instituted challenging the writ order dated 16.04.2024 passed in W.P.No.9272 of 2022.

2. The writ petitioner is the appellant before this Court. The writ petition filed challenging the order of reversion dated 08.04.2022. The appellant joined as Junior Assistant on 04.06.1993. Her probation was declared and services were regularized. Subsequently, she was promoted to the post of Assistant on 31.03.1998. While working as Assistant, initially, she traveled abroad, securing 11 months leave on loss of pay. Thereafter, she met with an accident in the year 2008 and the leave was sanctioned on loss of pay. The appellant applied for maternity leave and did not join in the promoted post, which resulted in initiation of departmental disciplinary proceedings under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The charge against the appellant was unauthorized absence.

3. Admittedly, the departmental disciplinary proceedings was dropped on 03.09.2015 by the District Collector. The period of absence was regulated as loss of pay. She was further promoted to the post of Zonal Deputy Block

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Development Officer with effect from 29.02.2016 and subsequent promotion was also granted to the post of Block Development Officer with effect from 07.06.2019. When the appellant was working as Block Development Officer, the department has published a seniority list, wherein the seniority of the appellant was brought down. The seniority between 2008 and 2021 was revised. Therefore, the name of the appellant was placed below. Since the appellant was placed below in the seniority list, the order came to be issued. In the revised seniority list, the appellant became junior, which resulted in passing an order of reversion by the District Collector. The appellant challenged the reversion by way of writ petition. The writ court dismissed the writ petition. Thus, the present intra-court appeal.

4. The learned counsel for the appellant would mainly contend that the appellant was proceeded on leave when she was holding the post of Assistant. She was permitted to join duty in the year 2012. Thereafter, she was promoted to the post of Zonal Deputy Block Development Officer on 29.02.2016 and to the post of Block Development Officer on 07.06.2019. After grant of two promotions, the seniority was revised and she was reverted back to the post of Zonal Deputy Block Development Officer.

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5. The learned Government Advocate appearing for the respondents would submit that under FR 26(b), a period of overstayal of leave does not count towards increment under the Fundamental Rules. In the present case, the appellant remained unauthorizedly absent and therefore, her seniority was revised. On revision of seniority, the authorities found that the appellant is not eligible for promotion to the post of Block Development Officer. Thus, the reversion order came be to passed.

6. This Court is of the considered view that the question of reversion would arise only if the departmental disciplinary proceedings initiated was proceeded with and if any punishment was imposed. In the present case, the charge itself had been dropped by the District Collector. Once the charges are dropped, the employee is entitled for all the benefits as if no departmental disciplinary proceedings are initiated against such employee. Revision of seniority took place on different reasons. However, in the present case, the overstayal was also taken into consideration for revising the seniority of the appellant. Since the charge has been dropped and no further actions are initiated, reversion would be unnecessary. That apart, after overstayal, and dropping of charges, the appellant was promoted to the post of Zonal Deputy Block Development Officer and Block Development Officer. After grant of two promotions, issuing a reversion order based on the revision of seniority

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without issuing any notice and opportunity to the appellant, cannot be sustained. The respondent had relied upon Rule 36(c) of the Tamil Nadu State and Subordinate Service Rules, which reads as follows :- “Appointment of a member to higher category not be considered if he had been on leave for three or four years or more continuously:- Notwithstanding anything contained in sub rules (a) and (b), a member of a service who had been on leave for a period of three years continuously for any reason except higher studies or for a period of four years continuously for higher studies, shall be considered for appointment to a higher category either by promotion or by recruitment by transfer unless he has completed service for a period of one year from the date on which he joins duty on return from leave.”

7. Even as per the said rule, the appellant has completed one year in the post of Assistant, since she had rejoined in the post of Assistant in the year 2012. Therefore, the said reason raised by the learned Government Advocate is also not in accordance with Rule 36(c) of Tamil Nadu State and Subordinate Service Rules.

8. Since the department disciplinary proceedings are dropped and she was permitted to rejoin duty in the year 2012 and two promotions to the higher post were granted in the year 2016 and 2019 respectively, there is no reason

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to revert the appellant to the post of Zonal Deputy Block Development Officer, pertinently, no show cause notice or opportunity was given to the appellant before issuing the order of reversion and thus, the order is in violation of rules of natural justice.

9. For all these reasons, the writ order impugned dated 16.04.2024 passed in W.P.No.9272 of 2023 is set aside. Accordingly, the Writ Appeal stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 23-09-2026 Index: Yes Speaking order Neutral Citation: Yes/No sp

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To

1. The District Collector, Thiruvallur District, Collectorate, Tiruvallur.

2. The Director of Rural Development, Panagal Building, Saidapet, Chennai – 15.

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. sp WA No. 1649 of 2024 23-09-2026

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