S.Thirunavukarasu v. Govt of Tamil Nadu

O R D E R [Order of the Court was made by M.DHANDAPANI, J.] The present Writ Petition has been seeking to declare the amendment to Rule 8(v) in Annexure IX of 38(b)(ii) the Special Rules for the Tamil Nadu Ministerial Service Rules, brought in vide Government Order G.O.Ms.No. 10, Personnel and Administrative Reforms (B) Department dated

14.01.2020 as arbitrary, illegal, unconstitutional and also for a direction that promotions to be made from the post of Assistant to the post of Deputy Tahsildar in the Revenue Department in respect of Direct Recruit Assistants without reference to the said amendment.

2.Learned Counsel for the petitioner would submit that the petitioners are promotee Assistants and there was a separate Rule governing the service conditions of the promotee Assistants and also a separate Rule governing the directly recruited Assistants. Earlier, as per the Rule 8(v) of Annexure IX of the Tamil Nadu Ministerial Service Rule, promotion to the post of Deputy Tahsildar was made to the concerned Direct Recruit Assistants who have undergone training for a period of one year and eight months in the District Collector's office. However, the said rule has been amended to the effect that the training may be completed either in the District Collector's office or in any other office in the Revenue Unit of the District. The same was also given retrospective effect from 2015. Aggrieved over the same, the promotee Assistants made a representation before the official respondents on 20.05.2018 and the same is pending consideration.

3.Learned Counsel for the petitioners would submit that though the petitioners have filed the present Writ Petition challenging the amended Rule, which was given retrospective effect from the year 2015, the petitioners would be satisfied if a direction is issued to the official respondents to consider the said representation of the petitioners within a time frame.

4.Heard the learned Counsel for the petitioner.

5.Considering the submission made by the learned Counsel for the petitioners, this Court without going into the merits of the matter, disposes of this Writ Petition, with a direction to the petitioners to send a fresh representation to the respondents 1 to 4, annexing a copy of this order and on receipt of the said representation, the respondents 1 to 4 are directed to consider the same and pass appropriate orders in accordance with law, within a period of twelve [12] weeks, thereafter. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[M.D.I., J.] & [N.D.K., J.]

17.08.2026 NCC : Index : Internet:

MR To

1.The Secretary, Government of Tamil Nadu, Personnel and Administrative Reforms Department, Secretariat, Fort St. George, Chennai – 600 009.

2.The Secretary, Government of Tamil Nadu, Revenue and Disaster Management Department, Secretariat, Fort St. George, Chennai – 600 009.

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

4.The Secretary, The Tamil Nadu Public Service Commission, TNPSC Road Park Town, V.O.C., Nagar, Chennai, Tamil Nadu – 600 003. M.DHANDAPANI,,J. AND N.DILIP,KUMAR,,J. MR W.P.(MD)No.2859,of,2020

17.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI and THE HONOURABLE MR.JUSTICE N.DILIP KUMAR and W.M.P.(MD)Nos.2423 & 2424 of 2020 1.S.Thirunavukarasu 2.T.Seetha 3.S.S.Rani 4.P.Vasanthi 5.M.Salaimani 6.S.Muthukumaran ... Petitioner -vs- 1.Government of Tamil Nadu, Represented by its Secretary, Personnel and Administrative Reforms Department, Secretariat, Fort St. George, Chennai – 600 009. 2.Government of Tamil Nadu, Represented by its Secretary, Revenue and Disaster Management Department, Secretariat, Fort St. George, Chennai – 600 009. 3.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai – 600 005. 4.The Secretary, The Tamil Nadu Public Service Commission, TNPSC Road Park Town, V.O.C., Nagar, Chennai, Tamil Nadu – 600 003. 5.S.Pratheeba 6.D.M.Senthilkumar 7.K.Gopalakrishnan 8.K.Thirunavukkarasu 9.M.Meenakshi Sundaram 10.J.Karthikeyan 11.L.G.Bibin Subash 12.A.Manikanda Prabhu 13.V.Rajavel 14.V.Muralidharan 15.B.Vivekanandhan 16.M.Thangaraj 17.G.Thanigaivel 18.S.Sakkara Pandiyan 19.M.Aishwarya ... Respondents [R5 to R15 are impleaded vide court order dated 19.10.2023 in W.M.P. (MD)No.4011/2020 in W.P.(MD)No.2859/2020 by SMSJ & VLNJ] [R16 to R19 are impleaded vide court order dated 19.10.2023 in W.M.P. (MD)No.4367/2020 in W.P.(MD)No.2859/2020 by SMSJ & VLNJ] PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring that the amendment to Rule 8(v) in Annexure IX of 38(b)(ii) the Special Rules for the Tamil Nadu Ministerial Service Rules, brought in vide Government Order G.O.Ms.No.10, Personnel and Administrative Reforms (B) Department dated 14.01.2020 as arbitrary, illegal, unconstitutional and direct promotions to be made from the post of Assistant to the post of Deputy Tahsildar in the Revenue Department in respect of Direct Recruit Assistants without reference to the said amendment. For Petitioner : Mr.C.Mahadevan For Respondents 1 to 3 : Mr.G.Mohan Kumar Additional Government Pleader For Respondent No.4 : Mr.J.Anand Kumar For Respondents 5 to 15 : Mr.C.Gangai Amaran For Respondents 16 to 19 : Mr.S.Kumar