Prabath v. The Director of Adi Dravidar Welfare

ORDER This petition has been filed challenging the impugned order of the 2nd respondent dated 04.01.2024 and seeking a direction to the 2nd respondent to take appropriate action against the Office Superintendent, namely, Ramesh on basis of the observation made in the final order passed on the file of the District of Adi Dravidar Welfare, Cuddalore within the reasonable time.

2.The case of the petitioner is that he is working as a Cook at the Government Adi Dravidar Welfare Boys Hostel, Kurinjipadi, Cuddalore District. A charge memo was issued to the petitioner in the year 2022. After conducting an enquiry and considering the entire evidence and records, the department has not pronounced its final decision and has kept the matter pending for no fault of the petitioner. The petitioner, in his representation dated

21.02.2024, clearly stated that one Ramesh, who was working as Office Superintendent was the root cause for the delay in passing the order and that he demanded an amount of Rs.25,000/- for implementing the order passed by the 2nd respondent dated 28.07.2017. The petitioner had earlier filed W.P No.9498 Page2 of 6 of 2023, seeking a direction to the respondents to pass the final order in the enquiry proceedings, and this Court, by its order dated 15.03.2022, directed the 2nd respondent to conclude the proceedings. Thereafter, as the charges framed against the petitioner were not proved, he was relieved from all the charges. Subsequently, the petitioner submitted representations to the 2nd respondent requesting promotion from the post of Cook to the post of Office Assistant, considering his health and family circumstances. However, the same has not been considered. Thereafter, the 2nd respondent passed the impugned order dated

04.01.2024 stating that there is no provision to promote a Cook to the post of Office Assistant directly and that the persons holding the post of Cook have to be promoted as Night Watchman as per the seniority and hence, his request was rejected. Challenging the same, the present writ petition has been filed.

3.The learned counsel for the petitioner would submit that as per the proceedings of the District Adi Dravidar and Tribal Welfare officer/ 2nd respondent, the Cook post is interchangeable with the post of Night Watchman. Hence, this Court may permit the petitioner to make a fresh representation seeking transfer from the post of Cook to the post of Night Watchman and issue a direction to the 2nd respondent to consider the petitioner's representation within a reasonable time to be fixed by this Court. Page3 of 6

4.Considering the limited request made by the learned counsel for the petitioner, and in view of the proceedings of the Adi Dravidar and Tribal Welfare Officer, Cuddalore District, / 2nd respondent, stating that the post of Cook is interchangeable with the post of Night Watchman, this Court directs the petitioner to make a fresh representation seeking transfer from the post of Cook to the post of Night Watchman, within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the 2nd respondent is directed to consider the petitioner's representation and pass appropriate orders in accordance with law, within a period of four (4) weeks thereafter.

5.With the above direction, this writ petition stands disposed of. No costs. 12-02-2026 Index: Yes/No Speaking/Non-speaking order UMA Page4 of 6 To

¶1The Director of Adi Dravidar Welfare Ezhilagam, Chepauk, Chennai-600 005.

¶2The District Adi Dravidar and Tribal Welfare, Cuddalore District, Cuddalore Page5 of 6

M.DHANDAPANI, J. UMA 12-02-2026 Page6 of 6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI Prabath ..Petitioner(s) Vs 1. The Director of Adi Dravidar Welfare Ezhilagam, Chepauk, Chennai-600 005. 2. The District Adi Dravidar and Tribal Welfare, Cuddalore District, Cuddalore ..Respondent(s) Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari Mandamus, to call for records of in Na.Ka.No. W10- 7918- 2017 dated 4.01.2024 and quash the same and directing the 2nd respondent to take appropriate action against the Office Superintendent namely Ramesh on basis of the observation made in the final order passed on the file of the District of Adi Dravidar Welfare, Cuddalore within the reasonable time. Page1 of 6 For Petitioner(s): Mr.C.B.Murali Krishnan For Respondent(s): Mr.R.U.Dinesh Rajkumar Additional Government Pleader