L.Raja v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2026

CORAM

THE HON'BLE MR.JUSTICE T. VINOD KUMAR WP No. 12868 of 2021 and WMP.Nos.13675 & 13677 of 2021 L.Raja S/o. Late Loganathan, Assistant On doing duty in Accounts Cell (Works), Greater Chennai Corporation, Ripon Buildings, Chennai 600 003. ..Petitioner(s) Vs 1.The Commissioner Greater Corporation of Chennai, Ripon Buildings, Chennai -3.

2.The Chief Accounts Officer (Administration) Central Accounts Committee, Greater Corporation of Chennai, Ripon Buildings, Chennai -3.

3.The Asst. Commissioner (General Administration)Greater Corporation of Chennai, Ripon Buildings, Chennai -3.

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..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in connection with the impugned order passed by him in Ma.Ka.Ku.Na.No.A1 / 5296 / 2004 dated 19/05/2021 and quash the same and direct the respondents to consider the claim of the petitioner for promotion as Superintendent not withstanding and without reference to the pending criminal case in CC No.7589/2006 on the file of Addl. Chief Metropolitan Magistrate, Egmore, Chennai and Special Court for Central Crime Branch and promote him as superintendent and grant him all consequential service and monetary benefits within a reasonable time frame as deem fit by this Honourable court and grant such other further relief. For Petitioner :Ms.R.Deepika Sonali for Mr.M.Muthappan For Respondents : Ms.Rekha Roashini for Mr.S.Gopinathanb, SC

ORDER

Heard the learned counsel for the petitioner and the learned Standing counsel appearing on behalf of the respondents and perused the material papers placed on record.

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2. When the Writ Petition is taken up for hearing today, the learned counsel appearing on behalf of the respondents submitted that the claim of the petitioner for grant of promotion was rejected earlier under the impugned proceedings of the second respondent dated 19.05.2021 on account of pendency of criminal proceedings.

3. The learned counsel for the respondents further submitted that since, the criminal case in C.C.No.7589 of 2006 registered against the petitioner having resulted in acquittal, the first respondent has granted promotion to the petitioner vide proceedings in P.Thu.CheMu.No.E5/34005/2025 dated 04.01.2026 notionally i.e., from the date, the petitioner is entitled for being granted promotion.

4. The learned Standing Counsel appearing on behalf of the respondents thus submitted that since the promotion has been granted to the petitioner notionally by the first respondent vide proceedings dated 04.01.2026, the grievance of the petitioner in the present Writ Petition does not survive further for any consideration.

5. The learned counsel for the petitioner while not disputing the aforesaid submission, however, submitted that the petitioner being granted 3/6

notional promotion under the proceedings of the first respondent dated 04.01.2026, instead of granting promotion to the post of Accountant Officer, granted promotion as Administrative Officer.

6. In reply, the learned counsel appearing on behalf of the respondents submitted that the post of Accountant Officer and the Administrative Officer are of the same grade and there is no difference in pay.

7. Though on behalf of the petitioner, it is contended that the petitioner is entitled for grant of promotion to the post of Accountant Officer, the respondents having granted promotion notionally to the post of Administrative Officer, as the grievance of the petitioner in the present Writ Petition is for non grant of promotion and during the pendency of the said Petition, the grievance having been redressed by the first respondent on issuance of the proceedings dated 04.01.2026, no further orders are necessary to be passed in the present Writ Petition. However, it is open to the petitioner to assail the action of the respondents in granting promotion as Administrative Officer instead of Accountant Officer, if he is aggrieved by the same.

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8. Subject to the above observations, the Writ Petition is closed. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.

28-01-2026 Index: Yes/No Speaking/Non-speaking order DP To 1.The Commissioner Greater Corporation of Chennai, Ripon Buildings, Chennai -3.

2.The Chief Accounts Officer (Administration) Central Accounts Committee, Greater Corporation of Chennai, Ripon Buildings, Chennai -3.

3.The Asst. Commissioner (General Administration)Greater Corporation of Chennai, Ripon Buildings, Chennai -3.

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T.VINOD KUMAR, J.

DP WP No. 12868 of 2021 and WMP.Nos.13675 & 13677 of 2021 28-01-2026 6/6