Madras High Court
WA/3428/2023 of G.Veera Raghavan Vs The Secretary to Government on 28 August 2026
WA No. 3428 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. 3428 of 2023
G.Veera Raghavan
S/o. Govindarajulu, Formerly Agriculture officer (Retd.) Agriculture Dept. Plot No.27, Aswini Corss Road, Duraiswamy Nagar, Byepass Road, Madurai 625 016
..Appellant(s)
Vs
1. The Secretary to Government
Agriculture Department, Fort St. George, Chennai 60 009.
2. The Director of Agriculture
Chepauk, Chennai 600 005
..Respondent(s)
Prayer : Writ Appeal under Clause XV of the Letters Patent to set-aside the order passed by the Learned Judge in W.P.No.2719 of 2018 dated 14-08-
2023.
For Appellant :
Mr.K.Venkataramani
Senior Counsel for Mr.M.Muthappan
For Respondents :
Mr.A.R.Suresh, Special Government Pleader
WA No. 3428 of 2023
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.) The present intra court appeal has been instituted by the writ petitioner to challenge the order declining the grant of promotion to the post of Assistant Director of Agriculture for the panel year 2006-07 or 2007-08, and a further direction to promote him notionally with all consequential service and monetary benefits including revision of pension.
2. The writ Court has elaborately considered the issue and made a finding that as per the amendment to General Rule 4(a) of the Tamil Nadu State and Subordinate Services issued in G.O.(Ms) No.22, P and AR (S) Department dated 24.02.2014, the following amendment has been made. " Any punishment including 'Censure' imposed on a member of service after the crucial date; but before the actual promotion or appointment shall be held against the member of service and he shall not be given promotion or appointment."
WA No. 3428 of 2023
3. In the present case, the crucial date for inclusion of the name of the eligible officers in the panel of the year 2006-07 was 01.04.2006. The panel was prepared on 24.12.2007. Therefore, the Writ Court has considered the amended General Rule 4(a) as well as Schedule XI of Clause 14 of Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and granted the relief by partly allowing the writ petition.
4. Learned Senior Counsel appearing for the appellant would submit that the guidelines would show that the incidence since falls beyond the period of five years from the date of punishment, the case of the appellant should have been considered by including his name in the panel for the year 2006-07 with all benefits.
5. The said argument deserves no merit consideration since the currency of punishment has been clearly stipulated both under the amendment issued in G.O.Ms.No.22 P and AR Department dated 24.02.2014 as well as the subsequent Service Conditions Act. In the present case, the writ Court has set aside the impugned order to the limited extent that the petitioner cannot claim promotion in the panel year 2006-07, but he was entitled for promotion in the panel year 2007-08.
WA No. 3428 of 2023
6. This Court is of the considered view that the relief granted by the Writ Court is in consonance with the provisions of the Promotion Rules applicable to the officials. Thus, we are not inclined to interfere with the writ order impugned. The writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 28-08-2026 Index: Yes Speakingorder Neutral Citation: Yes KST To
1. The Secretary to Government Agriculture Department, Fort St. George, Chennai 600 009.
2. The Director of Agriculture Chepauk, Chennai 600 005
WA No. 3428 of 2023
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 3428 of 2023 28-08-2026