State Of Tamil Nadu v. Pushpalatha M L I S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2026

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE SHAMIM AHMED WA No. 408 of 2026 AND CMP NO. 3768 OF 2026

1. State Of Tamil Nadu By Its Secretary To Government, School Educational (Public Library-1) Department, Fort Of George, Chennai-600 009.

2. The Directorate Of Public Libraries No.737, Anna Salai, Chennai - 600 002.

3. The District Library Officer Villupuram Disrict ..Appellant Vs Pushpalatha M L I S W/o.Kathirvelu, Oorankaani, S.V.Palayam Post, Pavalam Main Road, Sankarapuram Taluk, Kallakurichi Distrct.

..Respondent Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 18-11-2025 made in WP.No.25544 of 2025. For Appellants :

Mr.J.C.Durairaj Additional Government Pleader

Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) This intra court appeal is directed against the order passed by the Writ Court dated 18.11.2025 made in W.P.No.25544 of 2025.

2. The respondent was the writ petitioner, who was appointed as Village Librarian by order dated 27.08.2012 at Alathur Village, where she joined on 28.08.2012 forenoon by taking charge from one V.Sivasakthi. The attendance register shows that she joined on 28.08.2012 at about 8.50 a.m. However, in the Service Register it seems to have been wrongly entered as if she joined only on 28.08.2012 afternoon. Therefore, while preparing the seniority list which has been belatedly issued on 26.02.2024, the respondent / writ petitioner's seniority has not been correctly mentioned and therefore, questioning the same she raised an objection, which was not considered. Therefore, challenging the seniority the writ petitioner had moved the said writ petition.

3. The learned Judge, after verifying the records has come to the conclusion that since the writ petitioner joined on 28.08.2012 at 8.50 a.m., as per the attendance register, it can be construed only as forenoon and therefore that should be taken into account for the purpose of calculating seniority. When that being the position, it can easily be concluded that she has joined only on 28.08.2012 at

forenoon. The second ground raised by the present appellant, who stood as respondent before the writ court was that, as per the rules, if there is any issue with regard to inter se seniority, the same has to be raised within three years of the issuance of such list and since the writ petitioner has raised the objection belatedly after 12 years it cannot be considered.

4. Even that ground raised on behalf of the appellant before the writ court has been considered and answered by the writ court and the learned Judge has held that, first time the seniority list was published only on 26.02.2024 and therefore only thereafter, the respondent / writ petitioner would be in a position to question the seniority as, unless the seniority list is published the cause of action for questioning the seniority would not arise for any employee.

5. Therefore, the above two grounds raised on behalf of the appellant having been answered by the Writ Court, of course rightly and thereby the writ petition was allowed directing the appellant department to fix the correct inter-se seniority of the petitioner taking into account of her joining date and time as 28.08.2012 at 8.50 a.m., (forenoon), the conclusion arrived at by the learned Judge is fully justifiable. Therefore, we do not find any reason to interfere with the said order passed by the learned writ court.

6. In result, the writ appeal stands dismissed, however there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (R.S.K.,J.) (S.S.A.,J.) 18-02-2026 Index: Yes/No Speaking/Non-speaking order KST

To

1. The Secretary To Government, School Educational (Public Library-1) Department, Fort Of George, Chennai-600 009.

2. The Directorate Of Public Libraries No.737, Anna Salai, Chennai - 600 002.

3. The District Library Officer Villupuram Disrict

R.SURESH KUMAR J.

AND SHAMIM AHMED J.

KST AND CMP NO. 3768 OF 2026 18-02-2026