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Madras High CourtWP/4543/2026disposed of with direction

M.P.Rajapandian v. The State Of Tamil Nadu

2026-02-17Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 5028, 5029 & 5033 OF 2026 M.P.Rajapandian Petitioner(s) Vs

1. The State of Tamil Nadu Rep. by its Secretary to Government, Backward Classes, Most Backward Classes and Minorities welfare Department, Secretariat, St. George Fort, Chennai-600 009. 2.The State of Tamil Nadu Rep. By Its Secretary To Government, Human Resources and Management Department, Secretariat, St. George Fort, Chennai-600 009. 3.The Commissioner Backward Classes Welfare, Chennai-600 005.

4.The District Minorities and Welfare Officer O/o.the District Minorities and Welfare Office, Vellore, Vellore District.

5.G.Bala Subramanian 6.K.Gnanaguru 7.K.Tamilarasu 8.N.Sankar 9.S.Anitha Respondent(s)

PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, call for the records relating to the impugned order passed by the 1st Respondent in G.O. Ms. No.6, Backward Classes , Most Backward Classes and Minorities Welfare (MWRU (1) ) Department dated 13.01.2026 and quash the same as illegal and Consequently to direct the Respondents to Promote the Petitioner to the Post of District Backward Classes and Minorities Welfare officer or its equivalent post on the basis of his notional seniority as fixed by the 3rd Respondent vide his proceedings in Se. Mu. No.A2/ 2922/ 2012-2 dated 05.01.2023. For Petitioner(s):

Mr.S.Venkatesh for M/s.Ajmal Associates For Respondent:

Mr.R.U.Dinesh Raj Kumar, AGP RR1 to 4

ORDER

This petition has been filed seeking to quash the impugned order passed by the 1st Respondent in G.O. Ms. No.6, Backward Classes, Most Backward Classes and Minorities Welfare (MWRU (1) Department, dated 13.01.2026 and Consequently, to direct the Respondents to Promote the Petitioner to the Post of District Backward Classes and Minorities Welfare officer or its equivalent post on the basis of his notional seniority as fixed by the 3rd Respondent vide his proceedings in Se. Mu. No.A2/ 2922/ 2012-2, dated 05.01.2023.

2. It is the case of the petitioner that the petitioner entered into service as Junior Assistant in the Backward Classes Department. Owing to prolonged administrative anomalies and inter-departmental disputes relating to ministerial

staff absorption, the petitioner and similarly placed employees were denied timely promotions for several years, resulting in severe stagnation. Subsequently, the Department itself acknowledged the injustice and granted the petitioner notional promotions as Assistant and as Superintendent with corresponding notion seniority which continues to hold the field and has never been cancelled. As per the Special Rules for the Tamil Nadu Backward Classes and most Backward classes Welfare Service, the post of District Backward Classes and minorities welfare officer requires passing the prescribed Accountant Tests - which the petitioner has passed; and six years of service as Superintendent which the petitioner satisfied reckoning from the notional date of 03.11.2014. While so, for the panel year 2025-2026, the first respondent issued GO.Ms.No.

6 dated 13.01.2026 approving the promotion panel but excluded the petitioners name and included several of his undisputed juniors. The impugned panel was prepared without publishing the current seniority list, without issuing a temporary panel inviting objections, without considering the petitioner's representations. Hence, the petitioner has filed the present writ petition challenging the said GO, the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that admittedly, the private respondents are juniors to the petitioner. However, their names have been included for the promotional panel list for the post of District Backward classes and Minority Welfare Officer. Hence, this Court may issue a direction to

the respondents to quash the government order and allow this petition.

4. The learned Additional Government Pleader appearing for the respondent submitted that if at all the petitioner aggrieved as against the impugned G.O, he is entitled to make appeal before the first respondent. Hence, the present writ petition is liable to be dismissed.

5. Heard the learned counsel for both side and perused the materials available on record. Since no adverse order is passed against the respondents 5 to 9, notice to the said respondents is dispensed with.

6. As rightly submitted by the learned Government Counsel that since it is a disputed question of fact and there is an appeal remedy available before the first respondent. Hence, this Court cannot be decided the issue. If the petitioner is aggrieved over the issue, he has to approach the first respondent by way of filing appeal. Instead of doing that, the petitioner has filed the present writ petition, this Court also cannot interfere with the impugned order.

7. In view of the above, this Court, without interfering with the impugned order, permits the petitioner to make an appeal before the first respondent within a period of two weeks from the date of receipt of a copy of this order. Upon filing the same, the first respondent shall consider and pass orders on the appeal within

a period of six weeks thereafter.

7. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 17-02-2026 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The State of Tamil Nadu Rep. by its Secretary to Government, Backward Classes, Most Backward Classes and Minorities welfare Department, Secretariat, St. George Fort, Chennai-600 009.

2.The State of Tamil Nadu Rep. By Its Secretary To Government, Human Resources And Management Department, Secretariat, St. George Fort, Chennai-600 009.

3.The Commissioner Backward Classes Welfare, Chennai-600 005.

4.The District Minorities and Welfare Officer O/o.the District Minorities And Welfare Office, Vellore, Vellore District.

M.DHANDAPANI J.

rli 17-02-2026