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Madras High CourtWP/4065/2026dismissed

S.Suganthirani v. Government Of Tamilnadu

2026-02-17Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Suganthirani ... Petitioner Vs.

1.Government of Tamil Nadu, represented by the Secretary, Higher Education Department, (I-2), (TE/CE) Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner, Department of Technical Education, Government of Tamil Nadu, Chennai - 600 025.

3.J.Ganesh ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the respondent - 2 connected with the order issued by him in his office Letter No.1154/B1/2025 dated 21.07.2025 and quash the same and, consequently, direct the respondent - 1 to review the earlier orders of promotions or orders posting persons as Principals-in-charge, issued in the year 2021, in the light of the restructured procedure codified for 1/8

promotions, in the G.O.(MS).No.125 P&A.R(M) Department dated 13.11.2020 and hold the meeting of DPC to consider the case of the petitioner as on 30.04.2021 for being posted as Principal-in-charge at the Government Polytechnic College, Udhagamandalam with effect from 30.04.2021.

For Petitioner : Mr.R.Natarajan For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of the second respondent connected with the order issued by him in his office Letter No.1154/B1/2025 dated 21.07.2025 and quash the same and, consequently, direct the first respondent to review the earlier orders of promotions or orders posting persons as Principals-in-charge, issued in the year 2021, in the light of the restructured procedure codified for promotions, in the G.O.(Ms).No.125 P&A.R(M) Department dated 13.11.2020 and hold the meeting of DPC to consider the case of the petitioner as on 30.04.2021 for being posted as Principal-in-charge at the Government Polytechnic College, Udhagamandalam with effect from 30.04.2021.

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2.The learned counsel appearing for the petitioner submitted that the petitioner joined the service of the Education Department of the Government of Tamil Nadu as Lecturer in the year 1999 and was appointed as Lecturer on regular basis in the year 2006 and was promoted as the Head of Department vide G.O.(Ms) No.79 HE(12) Department dated 26.02.2021 and was posted at Government Polytechnic College, Udhagamandalam and the petitioner joined there on 30.04.2021. When the petitioner joined the Government Polytechnic College, Udhagamandalam, the third respondent was holding additional charge of the post of Principal at Udhagamandalam. The third respondent is junior to the petitioner. After G.O.(Ms).No.125 P&A.R(M) Department dated 13.11.2020, the post of Principal is required to be filled in by the mode of promotion on regular basis by duly constituted Departmental Promotion Committees after drawing panels from the State Level Seniority List of Officers in the feeder cadre, but this mandatory procedure is not followed by the first respondent.

3.The learned counsel appearing for the petitioner further submitted that the respondents without duly constituting Departmental 3/8

Promotion Committees are giving only temporary promotion by giving incharge post. The learned counsel further submitted that the petitioner made representations to the respondents seeking promotion as Principal incharge and since the same was not considered, the petitioner filed W.P.No.39842 of 2024 and pursuant to the order of this Court dated 02.01.2025 made in the said writ petition, the present impugned order was issued to the petitioner.

4.The learned counsel appearing for the petitioner further submitted that on the crucial date, no charge was pending against the petitioner and inorder to deprive the petitioner from getting regular promotion, the respondents initiated disciplinary proceedings against the petitioner by issuing charge memo dated 03.07.2025 under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, which is not sustainable one.

5.The learned Additional Government Pleader submitted that the petitioner worked as Lecturer in Government Polytechnic College, Coimbatore and got promoted as Head of Department / Instrumentation and Control Engineering at Government Polytechnic 4/8

College, Udhagamandalam and joined there on 30.04.2021. Thereafter, the respondents received complaints against the petitioner and it was found that a criminal case was registered against the petitioner under Sections 109, 120(B), 417, 420, 464, 465, 467, 468, 148, 447, 294(b) and 506(ii) of the Indian Penal Code and that the petitioner had obtained anticipatory bail from the Madurai Bench of this Court in Crl.O.P.(MD) No.23024 of 2024 inorder to avoid arrest and hence, the charge memo dated 03.07.2025 under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, was issued to the petitioner and thereafter she was placed under suspension vide G.O.(2D) No.13, Higher Education (I2) Department, dated 21.07.2025. When the petitioner is facing criminal charges and she is placed under suspension, the petitioner is not entitled for any promotion. Hence, the impugned order warrants no interference.

6.Heard the arguments advanced on either side and perused the materials available on record.

7.The petitioner claim that the third respondent is junior to her and he was granted the temporary post of Principal incharge and 5/8

that she is senior to the third respondent and she entitled to be considered for the temporary post of Principal incharge and that on the crucial date, no charge was pending against the petitioner. 8.Perusal of records reveal that a criminal case was registered against the petitioner and hence, the charge memo dated 03.07.2025 under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, was issued to the petitioner and thereafter she was placed under suspension vide G.O.(2D) No.13, Higher Education (I2) Department, dated 21.07.2025. When the petitioner is facing criminal charges and she is placed under suspension, the petitioner is not entitled for any promotion. Hence, the impugned order warrants no interference.

9.It is the contention of the petitioner that the respondents without duly constituting Departmental Promotion Committees are giving only temporary promotion by giving incharge post. Hence, this Court directs the respondents to constitute Departmental Promotion Committee each and every year for granting promotion to the eligible persons.

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10.The writ petition is dismissed with the above direction. No costs.

17.02.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Secretary, Higher Education Department, (I-2), (TE/CE) Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner, Department of Technical Education, Government of Tamil Nadu, Chennai - 600 025.

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M.DHANDAPANI,J.

pri 17.02.2026 8/8