Madras High Court
WA/3421/2023 of P.NAGARAJAN Vs THE STATE OF TAMILNADU on 28 August 2026
WA No. 3421 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-08-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 3421 of 2023
P.Nagarajan
Motor Vehicles Inspector Grade-I O/o.The Regional Transport Officer, Tambaram, Chennai.
..Appellant(s)
Vs
1. The State Of Tamil Nadu
Rep.by its Additional Chief Secretary to Government, Home (Transport-II) Department, Secretariat, Chennai 9.
2. The Transport Commissioner
Chepauk, Chennai 5.
..Respondent(s)
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the orders passed by the Learned Judge in his order dated 25.8.2023 in WP.No.
22395 of 2019.
For Appellant(s):
Mr.S.Sarath Kumar
for M/s.A.Ganesan
For Respondent(s):
Ms.RK.Sekina Reshma,
Additional Government Pleader
WA No. 3421 of 2023
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.) The present writ appeal has been instituted challenging the writ order dated 25.08.2023 passed in W.P.No.22395 of 2019.
2. The writ petitioner is the appellant before this Court. The appellant filed a writ of Mandamus to direct the first respondent to temporarily promote the petitioner to the post of Regional Transport Officer as per seniority under Section 47(1) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.
3. Section 47 speaks about temporary promotion. Sub-section (1) to Section 47 provides, “where it is necessary in the public interest owing to an emergency which has arisen to fill immediately a vacancy in a post borne on the cadre of a higher category in a service or class by promotion from lower category and there would be undue delay in making such promotion in accordance with the provisions of the Act, the appointing authority may temporarily promote a person, who possesses the qualifications prescribed for the post, otherwise than in accordance with the provisions of this Act.”
WA No. 3421 of 2023
4. Therefore, it is amply made clear that Section 47(1) may be invoked on administrative exigencies and when there is a delay in grant of regular promotions. It stipulates that only for the public interest owing to an emergency, such temporary promotions can be granted. Promotion per se is not a vested right. Therefore, temporary promotion cannot be claimed as a matter of right. Thus, the relief sought for in the writ petition by the appellant itself is not maintainable. The appellant has not established even a semblance of legal right for considering the relief as such sought for in the writ petition. The writ court has rightly dismissed the writ petition and this Court is not inclined to interfere with the writ order impugned. The writ appeal stands dismissed. No costs. (S.M.S.,J.) (K.G.R.,J.) 28-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To
1. The Additional Chief Secretary to Government, Home (Transport-II) Department, Secretariat, Chennai 9.
2. The Transport Commissioner Chepauk, Chennai 5.
WA No. 3421 of 2023
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 3421 of 2023 28-08-2026