O.Arumugam v. The Commissioner of Agriculture

Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) The order dated 01.02.2022 passed in W.P.No.24007 of 2015 is under challenge in the present intra court appeal.

¶2The petitioner lastly held the post of Deputy Agricultural Officer and retired from service on attaining the age of superannuation on 31.10.2014. Since the appellant has not passed the requisite departmental examination, increments due to him were not sanctioned. Thus the appellant filed the writ petition after his retirement.

¶3The Writ Court has considered the issue and made a finding that for grant of any further increment in violation of the Rules, the Government has to grant relaxation and such rule relaxation cannot be granted by the High Court in exercise of the powers of judicial review. On the said ground, the writ petition came to be dismissed.

¶4The power of relaxation is conferred on the Government and it is to be exercised sparingly to mitigate if any injustice occur and the Rules cannot be relaxed by the Government in a routine manner. The High Court in exercise of powers of judicial review cannot relax the rules regarding acquisition of requisite departmental qualification which is necessary for further promotion or grant of increments. The appellant availed ten opportunities during his service and appeared for the departmental examination, but was unsuccessful. However, the learned counsel for the appellant would submit that he cleared one examination, which would be insufficient.

¶5For all these reasons, this Court does not find any infirmity in the writ order impugned in this appeal. The writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 04-06-2026 Index: Yes/No Speaking/Non-speaking order KST To

¶1The Commissioner of Agriculture Office of Commissioner of Agriculture, Ezhilagham, Chennai - 600 005.

¶2Joint Director Of Agriculture Office of the Joint Director of Agriculture, Office of the Joint Director of Agriculture, Kancheepuram

¶3Assistant Director Ofagriculture Thiruporur, Kancheepuram District S.M.SUBRAMANIAM J. AND N.SENTHILKUMAR J. KST 04-06-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-06-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR O.Arumugam S/o.Ocha Thevar, No.17, Gangaiamman Koil St, Kanakoil Pettai, Thirukazhukundram Post, Kancheepuram District-603 109. ..Appellant Vs 1. The Commissioner of Agriculture Office of Commissioner of Agriculture, Ezhilagham, Chennai - 600 005. 2. Joint Director Of Agriculture Office of the Joint Director of Agriculture, Office of the Joint Director of Agriculture, Kancheepuram 3. Assistant Director Of Agriculture Thiruporur, Kancheepuram District ..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 01.02.2022 passed in WP.No. 24007 of 2015. For Appellant : Mrs.M.E.Raniselvam For Respondent(s): Dr.R.Gouri Government Counsel – for R1 to R3