Kumar S v. The Principal Secretary to Government

ORDER This writ petition has been filed seeking writ of Mandamus directing the 1st Respondent to dispose of the Petitioner's representation dated 11.06.2026 within the time frame that may be fixed by this Court and consequently, directing the Respondents not to revert the Petitioner back from the post of Deputy Director of Fire and Rescue Services to the post of District Officer, till his representation dated 11.06.2026 is disposed of.

¶2Perusal of the said representation dated 11.06.2026 would disclose that the petitioner apprehending his reversion from the post of Deputy Director, Fire and Rescue services, consequent upon exoneration from charges of one Mr.K.Kumar, vide G.O.(2D)No.169, Home (Police-XVII) Department, dated 26.03.2026, hence appears to have submitted the said representation.

¶3The admitted facts are that the petitioner herein is junior to the said Mr.K.Kumar, in the cadre of District Fire Officer and the case of the petitioner came to be considered for promotion to the post of Deputy Director, while differing the case of the said Kumar. As the said Kumar was facing a disciplinary proceedings, at the relevant point of time while preparing the panel of Promotion for the Panel year 2024 - 2025. Now it is by virtue of orders issued in G.O.(2D)No.169 dated

26.03.2026, the said K.Kumar was exonerated from all the charges and his case is being considered for inclusion of his name by revision of Panel for the Panel year 2024-2025 for promotion to the post of Deputy Director of Fire and Rescue Services.

¶4As there is no other vacancy available for accommodating the said K.Kumar, the petitioner apprehends that he being the junior most Officer promoted to the post of Deputy Director, he would revert without affording any opportunity. The procedure that is required to be followed in the facts and circumstances of the case is now codified under the provisions of the Tamil Nadu Government Servants Conditions of Service Act, 2016 with specific reference to Section 11 and Schedule XI, of the said enactment. Therefore, this Court does not see any basis to say that the respondents would not follow the procedure that is contemplated under the provisions of the said Act, before passing any orders either reverting the petitioner or promoting the said K.Kumar to the post of Deputy Director.

¶5In the Circumstances, this Court is of the considered view that this writ petition is premature in nature and therefore, this Court is not inclined to entertain this writ petition at this stage. Yet another reason for this Court not to entertain the writ petition at this stage is that the said K.Kumar who is likely to be affected, in case, if any direction is issued, directing consideration of representation of the petitioner, is also not impleaded as party respondent.

¶6Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

16.06.2026 Index : Yes / No

NCC : Yes / No rm To

1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Director General of Police/ Director, Fire and Rescue Service, No.17, Rukmani Lakshmipathy Salai, Egmore, Chennai - 600 008. MUMMINENI SUDHEER KUMAR

, J.

RM

16.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.06.2026 CORAM THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P(MD) No.12225 of 2026 S.Kumar ... Petitioner Vs. 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2.The Director General of Police/ Director, Fire and Rescue Service, No.17, Rukmani Lakshmipathy Salai, Egmore, Chennai - 600 008. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF MANDAMUS directing the 1st Respondent to dispose of the Petitioner's representation dated 11.06.2026 within the time frame that may be fixed by this Court and consequently, directing the Respondents not to revert the Petitioner back from the post of Deputy Director of Fire and Rescue Services to the post of District Officer, till his representation dated 11.06.2026 is disposed of. For Petitioner : Mr.T.Aswin Raja Simman For Respondent : Mr.K.Porkodi – for R1 & R2 Counsel for the Government Mr.M.Ajmalkhan, Senior Counsel for Mr.J.Anandkumar (private respondent)