Madras High Court
WA/3425/2023 of THE DIRECTOR OF FISHRIES Vs S.ARUMUGAM on 28 August 2026
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. 3425 of 2023 AND
CMP NO. 28082 OF 2023
The Director Of Fishries
Administrative Block, Teynampet, Chennai 18.
(Presently at Integrated Office Complex for Animal Husbandry and Fisheries, Nandanam, Chennai 600 035.
..Appellant
Vs
S.Arumugam
S/o.Chinnadurai, No.106, Ediyalam Colony, Thozhuppedu Post, Maduranthakam Taluk, Chengalpet District.
..Respondent
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order Dated 20.11.2020 and made in WP.No. 9588 of 2011.
For Appellant(s):
Ms.Y.Kavitha, Additional Government Pleader For Respondent(s):
No Appearance
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.) The Director of Fisheries preferred the present intra court appeal challenging the writ order dated 20.11.2020 passed in W.P.No.9588 of 2011.
2. The respondent filed the writ petition challenging the order dated 09.02.2011 passed by the Director of Fisheries. He sought for a further relief of retrospective promotion and revision of pension with effect from 14.08.2002 and to pay a compensation of Rs.10 Lakhs.
3. The respondent was temporarily appointed as Junior Assistant on 04.07.1981. His services were regularised with effect from 25.06.1984. The petitioner retired from service as Assistant on 31.07.2010 on attaining the age of superannuation. After retirement, he filed a writ petition seeking retrospective promotion. The contention of the respondent was that he was not granted further promotion since he had not passed the Accounts test. However, he made an attempt for five times and completed 50 years of age and therefore entitled for exemption from passing the Accounts Test.
4. The fact remains that the case of the respondent was considered by the Government. Exemption was granted from passing the Accounts Test for Subordinate Officers Part I. In this regard, the Government issued G.O.(D) No.328, Animal Husbandry, Dairying and Fisheries Department dated 17.11.2008. By granting exemption from passing the departmental test, the respondent was promoted to the post of Assistant and the monetary benefit was effected from the date of issue of the Government Order in G.O.(D) No.328 dated 17.11.2008.
5. Pertinently, the said Government Order remains unchallenged. Once the respondent accepted the Government Order granting exemption, promoted to the post of Assistant and also retired from service, now he cannot turn around to claim retrospective promotion with all monetary benefits. The Government Order issued by the Government became final and the relief granted by the Writ Court is running counter to the Government Order, which remains unchallenged.
6. In view of the above factum, the writ order dated 20.11.2020 made in W.P.No.9588 of 2011 is set aside and the writ appeal stands allowed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 28-08-2026 Index: Yes Speaking order Neutral Citation: Yes KST
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 3425 of 2023 AND CMP NO. 28082 OF 2023 28-08-2026