Madras High Court

WA/2705/2023 of R.KALA Vs THE SECRETARY TO GOVERNMENT on 11 November 2026

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W.A.No.2705 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2026

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN

AND

THE HONOURABLE MR.JUSTICE E.MANOHARAN

W.A.No.2705 of 2023

& C.M.P.No.21846 of 2023

R.Kala,

D/o.S.Ramu,

5/55-1, Nandavanakadu,

Omalur Post,

Salem – 636 455.

… Petitioner/Appellant

Vs.

1. The Secretary to Government,

Revenue Department,

Fort St.George,

Chennai – 600 009.

2.The Commissioner of Revenue Administration, Chepauk, Chennai – 600 005.

3.The District Collector,

Collectorate,

Salem District.

4. The District Revenue Officer,

Collectorate,

Salem,

Salem District.

… Respondents

P rayer:

Writ Appeal has been filed under Section 15 of Letters Patent Act, pleased to allow this appeal and set aside the order passed in W.P.No.22906 of 2016 dated 29.09.2022 by the Learned Judge of this Hon’ble Court.

Page Nos.1/6

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W.A.No.2705 of 2023

For Appellant:

Mr.M.Elango

For Respondents:

Mr.S.Ilamvaludhi,

Special Government Pleader, for R1 to R4

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J U D G M E N T

(Order of the Court was made by G.JAYACHANDRAN, J.) The appellant herein joined as Assistant in the Revenue Department in Nilgiris District on 13.03.2012 through the TNPSC and subsequently sought for transfer to Salem District, which was positively considered by the Department on condition that she should forgo her seniority gained in the Nilgiris District and she will be placed at the bottom of seniority list in Salem District of the year 2015. With this condition, the transfer was given effect on 13.04.2015. While so, soon after joining the Salem District as an Assistant, the appellant has given a request to refix her seniority and appoint her as Firka Revenue Inspector with effect from 10.09.2015. The prayer in the writ petition was to ignore the condition stipulated when the one-way transfer was given to the writ petitioner.

2. The Learned Single Judge, after considering the condition No.6.1 in the transfer order based on which the appellant was transferred to Salem District, declined the relief sought by the appellant and further directed the respondents to ensure that the seniority list prepared must be in accordance with rules and the name of the petitioner is to be included in the seniority list at the appropriate Page Nos.2/6

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W.A.No.2705 of 2023 place, taking note of the conditions stipulated in the order of transfer dated 13.04.2015.

3. Being aggrieved by the said direction, the present Intra-Court appeal is filed by the appellant. For better appreciation of the case, it is relevant to extract the conditions imposed in the proceedings dated 13.04.2015 which enables the petitioner herein to get transfer from the Nilgiris District to the Salem District. “6.1 ,e;j khWjypd; nghUl;L jdpah; jdJ gzp KJepiyia ,of;f Ntz;Lk;> ,th; Nryk; khtl;l tUtha; myfpy; gzpapy; NrUk; ehspy; cjtpahsh; gjtpapy; jFjpfhz; gUtk; Kbf;fg;ngw;wth; gl;baypd; ,Wjpapy; KJepiy eph;zak; nra;ag;gLk;.”

4. The crucial condition 6.1 states that by way of one-way transfer, the petitioner will lose her seniority in the Nilgiris District and her seniority will be at the bottom of the list of Assistants in the Salem District and the fixation of seniority will be determined after completion of probation. A further condition stipulates that the petitioner shall not seek for re-transfer to the Nilgiris District Revenue Unit or any other district after joining the Salem District Revenue Unit. Having accepted the condition to forgo her seniority in the Nilgiris Page Nos.3/6

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W.A.No.2705 of 2023 District and having joined in the Salem District as the junior-most in seniority for the 2015, the petitioner has no locus to reckon her seniority from the date of joining as an Assistant in the Nilgiris District and seek further promotion as Firka Revenue Inspector. The Learned Single Judge has rightly dismissed the writ petition with the observation that the conditions imposed in paragraph 6.1 to be scrupulously followed while fixing the seniority of the petitioner/appellant herein.

5. Therefore, we find no merit in the appeal challenging the well- considered order passed by the Learned Single Judge. Hence, this Writ Appeal stands dismissed. There shall be no order to costs. Consequently, connected Miscellaneous Petition is closed. (Dr. G.JAYACHANDRAN, J.) & (E.MANOHARAN, J.) 11-11-2026 Index :Yes/No. Speaking/Non-speaking order Internet :Yes. Neutral Citation :Yes/No. bsm Page Nos.4/6

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W.A.No.2705 of 2023 To,

1. The Secretary to Government, Revenue Department, Fort St.George, Chennai – 600 009.

2. The Commissioner of Revenue Administration, Chepauk, Chennai – 600 005.

3. The District Collector, Collectorate, Salem District.

4. The District Revenue Officer, Collectorate, Salem, Salem District. Page Nos.5/6

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W.A.No.2705 of 2023 Dr. G.JAYACHANDRAN, J. AND E.MANOHARAN, J. bsm W.A.No.2705 of 2023 11-11-2026 Page Nos.6/6

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