Madras High Court
WA/970/2024 of THE STATE OF TAMIL NADU Vs G.DAMODARAN on 16 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 970 of 2024
CNR:{HCMA010113952024}
AND
CMP NO. 6969 OF 2024
1. The State Of Tamil Nadu
Rep. by the Secretary to Government,
Personnel and Administrative Reforms
Department, (Presently Human Resources
Management Department) Secretariat,
Chennai 600 009.
2. The State of Tamil Nadu
Rep. by the Principal Secretary to
Government, Industres Department,
Secretariat, Chennai - 600 009.
3. The Principal Secretary to Government Higher Educational Department, Secretariat, Chennai 600 009.
..Appellants
Vs
1. G.Damodaran
Assistant Section Officer, Higher Education Department, (Presently in Municipal Administration and Water Supply Department), Secretariat, Chennai 600 009.
2. The Secretary
TNPSC, Chennai 600 003.
3. S.Kumar
Section Officer, Tamil Nadu Information
Commission, NO.2, Theagaraya Salai, Near Aalai Amman Koil, Teynampet, Chennai 600 018.
..Respondents
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 21.07.2023 made in WP.No.17752 of 2019.
For Appellant(s):
Ms.Y.Kavitha
Additional Government Pleader
For Respondent(s):
Ms.N.Kalaivani
For M/s.Richardson Wilson
For R 1
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.) State preferred the present intra court appeal under Clause XV of the Letters Patent challenging the writ order dated 21.07.2023 passed in W.P.No.17752 of 2019.
2. The first respondent herein filed a writ petition seeking a direction to include his name in the panel for promotion to the post of Section Officer in the panel for the year 2017-18 at Sl.No.32(a) between P.Muthukumar- Sl.No.32 and S.Kumar-Sl.No.33 and to consequently grant promotion as
Section Officer, with effect from 02.04.2018 together with all attendant benefits.
3. The facts in brief are that the first respondent / writ petitioner initially joined as Assistant in the Department of Industries on 10.08.2007. In pursuance to the recruitment notification No.176 dated 16.11.2008 issued by the Tamil Nadu Public Service Commission (TNPSC) for direct selection to the post of Assistant Section Officer, the first respondent participated in the same and was selected. He resigned the post of Assistant in the Industries Department and joined as Assistant Section Officer on 09.06.2011 in the Higher Education Department.
4. The first respondent was working as Assistant Section Officer in the Higher Education Department from 09.06.2011 onwards. A regular panel of Assistant Section Officers fit for promotion to the post of Section Officer in the year 2017-18 was published by the Government in G.O.4D No.32, Personnel and Administrative Reforms Department dated 05.10.2017. Since the name of the first respondent was not considered for inclusion in the panel, he has instituted a writ petition. The writ court allowed the writ petition. Challenging the same, the present intra court appeal is preferred by the State.
5. Learned Government Pleader would mainly contend that the first respondent has not possessed the requisite qualification as contemplated under the Service Rules on the crucial date ie., 01.06.2017. Since he did not possess the service of six years in the cadre of Assistant Section Officer, his name was not considered for inclusion in the panel of the year 2017-18. The writ Court has considered the said ground.
6. Learned counsel for the first respondent would oppose by stating that the similarly placed persons who had not completed the requisite experience were considered and promoted to the post of Section Officer. Therefore, the case of the first respondent was considered by the writ court. That apart, the joining delay is not at the instance of the first respondent and the said delay cannot be held against the respondent. He was selected by the TNPSC for appointment to the post of Assistant Section Officer. There was a delay in issuing the posting orders in view of the pendency of a writ petition and therefore the delay cannot be held against the respondent.
7. Learned Government Pleader would reply by stating that the delay occurred on account of the fact that the equivalence regarding the qualification acquired by the first respondent was under consideration before the competent authorities. The first respondent has studied SSLC, Diploma course and thereafter Degree. Therefore, the validity and equivalence of the degree was under consideration and the writ petition was pending, which caused delay in issuing posting orders.
8. This Court is of the considered view that the delay in the selection process or delay in verification process regarding the educational qualification cannot be a ground to claim retrospective appointment. Right would accrue only on issuance of appointment order. Only on appointment a person would join the service and if any delay occurred during the process of selection, he cannot claim retrospective promotion or seniority so as to claim promotion to the higher post. Admittedly, in the present case the first respondent was appointed to the post of Assistant Section Officer on 09.06.2011 in the Higher Education Department and his services were regularised.
9. Apart from the said ground of delay as raised by the respondent, he did not possess the requisite qualification as contemplated under the Special Rules for Secretariat services. The rule relating to promotion to the post of Section Officer reads as under: Section Officers in any Department other than Law and Finance
Recruitment by transfer from the Assistant
Section (I) Must hold a Bachelor’s Degree of any University
Officer in the Tamil Nadu
Secretariat Service
in
any Department
other than
Law
and Finance recognized by the University Grants Commission for the purpose of its grant;
(ii) Must have rendered service for a period of not less than six years in the category of Assistant Section Officer in the Departments
of Secretariat other than Law and Finance.
10. Since the first respondent was appointed as Assistant Section Officer on 09.06.2011, he had not completed the requisite experience period of six years as on the crucial date ie., 01.06.2017. Therefore, his name was not considered for inclusion in the panel for the year 2017-18. However, learned Government Pleader would submit that in the subsequent panel, his name was considered and he was promoted to the post of Section Officer.
11. Promotion per se cannot be a vested right. However, consideration for promotion is the right of an employee. Promotions are to be granted strictly in accordance with the rules applicable to the particular cadre. In the present case, the Rule contemplates six years of minimum service in the category of Assistant Section Officer in the Department of Secretariat other than Law and Finance. Since the first respondent had not completed six years as on the crucial date, his name was not considered by the Government. The other ground raised by the first respondent that the delay in issuing posting order was due to the pendency of the writ petition would not be of any assistance for him to secure promotion. The date of appointment alone is to be reckoned for fixing seniority and in the present case, regularisation was also granted with effect from the date of appointment to the post of Assistant Section Officer.
12. That being the factum, the writ order is running contra to the Rules for promotion to the post of Section Officer. Consequently, writ order impugned dated 21.07.2023 made in W.P.No.17752 of 2019 is set aside and the writ appeal is allowed. No costs. Consequently connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 16-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST To
1. The Secretary TNPSC, Chennai 600 003.
2. Section Officer, Tamil Nadu Information Commission, NO.2, Theagaraya Salai, Near Aalai Amman Koil, Teynampet, Chennai 600 018. WA No. 970 of 2024 AND CMP NO. 6969 OF 2024 16-09-2026