WP/33845/2023 of R.KALA Vs THE SECRETARY TO GOVERNMENT on 11 November 2026

ORDER

(Order of the Court was made by G.JAYACHANDRAN, J.) The petitioner herein, who joined as an Assistant in the Revenue Department in Nilgiris District Revenue Unit on 13.03.2012, on request, sought one-way transfer to the Salem District, thereby forgoing her seniority in the Nilgiris District. After joining as an Assistant in the Salem District Revenue Unit on 13.04.2015, she attempted to get her seniority reckoning the service period rendered by her in the Nilgiris District. Her attempt was declined by the Learned Single Judge in W.P.No.22906 of 2016. Further appeal before the Division Bench in Writ Appeal No.2705 of 2023 also came to be dismissed by us. Page Nos.2/8

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W.P.No.33845 of 2023

2. Pending the said Writ Appeal, the petitioner, conceding that she is bound by the conditions of transfer contemplated in paragraph 6.1 had made a request to refix her seniority within the Salem Revenue Unit and place her above the 5th respondent, G.Jaiganesh and promote her as Deputy Tahsildar with effect from 08.10.2022.

3. A detailed counter-affidavit filed by the District Revenue Officer, Salem District, wherein it has been specifically contended that the writ petitioner herein cannot draw parity with the 5th respondent, G.Jaiganesh, who is directly recruited Assistant allotted to the Salem Revenue Unit much prior to the writ petitioner joining the Salem Revenue Unit through one-way transfer. The probation of the 5th respondent/G.Jaiganesh, was declared as early as 25.12.2014, much prior to the petitioner joining the Salem Revenue Unit. It is further contended that the said G.Jaiganesh, has also completed Bhavanisagar Fundamental Training on 02.03.2015 and completed Survey and Settlement Training on 30.07.2015, which is within the period of three years from his date of joining into the service. The seniority of the petitioner fixed at Serial No.311 of the year 2015-2016 based on the direction of the Hon’ble Supreme Court to revise the seniority on merit basis and prepare list of inter-se seniority between direct recruits and Promotees. Page Nos.3/8

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W.P.No.33845 of 2023

4. Paragraph Nos.6 & 7 of the counter-affidavit filed by the 4th respondent further explain how the seniority of the petitioner been fixed at Serial No.311 and rightly placed below G.Jaiganesh the 5th respondent. For the sake of convenience, paragraphs 6 & 7 are extracted below:- “6. It is submitted that the averments contained in the paragraph 6 are incorrect and the name of the petitioner was included in the year of 2015 - 2016 (i.e., the crucial date of inter-se-seniority from 15.03.2015 to 14.03.2016) since the petitioner joined in Salem District, Revenue Unit on 08.05.2015 only through One Way District transfer by the orders issued by the Additional Chief Secretary / Commissioner of Revenue Administration Roc.Ser.4(1)

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50361/2014 dated:13.04.2015. Also as per the direction of the Hon’ble Supreme Court of India, the seniority list was revised on merit basis and the list of inter-se-seniority (combined seniority list between Directly Recruited Assistants, Promotees and Assistants by way of transfers) was published in Salem District as per Salem. District Revenue Officer’s Roc.No.20791/2016/A3, dated 06.04.2022, and the name of the petitioner was placed first in the year of 2015-2016 (SI.No.311) of the interse-seniority list appropriately based on merit.

7. It is submitted that the averments contained in the paragraph 7 are incorrect and in the Additional Chief Secretary / Commissioner of Revenue Administration Page Nos.4/8

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W.P.No.33845 of 2023 Roc.Ser.4(1) / 50361/2014 dated:13.04.2015 the para 6(1) reveals that the petitioner has to loose her seniority in the transferred district at Salem and accordingly, she will be placed as a last candidate in the list of approved probationers. Accepting the condition to forego her seniority, the petitioner joined in Salem District. Therefore, the petitioner now cannot turn around and claim seniority over and above the candidates, who are all in service in Salem District.”

5. We find that the petitioner herein cannot seek parity with the 5th respondent/G.Jaiganesh, whose parent District is the Salem Revenue Unit and he had completed his probation on 25.12.2014, much prior to the writ petitioner joined the Salem District Revenue Unit after forgoing her seniority in the Nilgiris District Revenue Unit. While so, having agreed to lose her seniority in the Nilgiris District and joined the queue at the bottom of the 2015 Seniority List in the Salem District and having lost the 1st round of litigation, the present petition is filed by couching the prayer differently but with the same effect by comparing her case with that of G.Jaiganesh, 5th respondent, when both are not equals.

6. The letter and spirit of the condition imposed in the transfer order, as well as the order of this Court in W.P.No.22906 of 2016, is that the petitioner must be placed at the bottom of the seniority list prepared for the year 2015 in Page Nos.5/8

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W.P.No.33845 of 2023 the Salem District Revenue Unit. The petitioner has joined the Salem District Revenue Unit only on 15.04.2015, by that time, the 5th respondent, with whom the petitioner wants to seek parity, had already completed his probation and his probation was declared on 25.12.2014. Treating unequals as equals just because their designations are similar will lead to miscarriage of justice.

7. Hence, we find that the relief sought by the petitioner herein cannot be acceded to. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. (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.6/8

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W.P.No.33845 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.7/8

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W.P.No.33845 of 2023 Dr. G.JAYACHANDRAN, J. AND E.MANOHARAN, J. bsm W.P.No.33845 of 2023 11-11-2026 Page Nos.8/8

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