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Madras High CourtWP/13869/2025disposed of

S.Thirumalai Vendan v. The Secretary To Government

2025-08-29Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA W.P.No.13869 of 2025 and W.M.P.No.15592 of 2025 S.Thirumalai Vendan

...Petitioner

Vs.

1. The Secretary to Government Tamil Development and Information Department, Fort St. George, Secretariat, Chennai - 600009.

2. The Director, Information & Public Relations Department, And Ex-Officio Joint Secretary to Government, Fort St.George, Secretariat, Chennai - 600009.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned order passed by the 2nd respondent in Letter No.9740294/epu;/1/2025 dated 24.03.2025 and to quash the same and direct the 1st and 2nd respondent to consider the petitioner to the post of principal/principal-in-charge in Tamil Nadu Government M.G.R Film and Television Institute, Chennai.

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For Petitioner :

M/s.A.L.Gandhimathi, Senior Counsel for Mr.L.Palanimuthu For R1 and R2 :

Mr.R.U.Dinesh Rajkumar Additional Government Pleader

O R D E R

The writ petition is filed for the below relief: calling for the entire records connected with the impugned order passed by the 2nd respondent in Letter No.9740294/epu;/1/2025 dated 24.03.2025 and to quash the same and direct the 1st and 2nd respondent to consider the petitioner to the post of principal/principal-in-charge in Tamil Nadu Government M.G.R Film and Television Institute, Chennai.

2. The brief facts which has culminated in the filing of this writ petition are set out below:

2.1. It is the case of the petitioner that he was recruited through TNPSC as Assistant Lecturer in Film Editing Department in Tamil Nadu Government M.G.R Film and Television Institute, Taramani, Chennai on 28.07.1994. On 27.01.2015, he was promoted as Lecturer, holding additional charge as Head of Department of (i) Film editing and (ii) Head of Department of Direction and 2/6

Screenplay writing. As per the adhoc rules, he is eligible to be promoted as Principal in the Institute as he is the senior most eligible suitable candidate for the said post. Hence, the petitioner had made a representation online for the post of Principal to the Chief Minister's cell, however the same was not considered.

2.2. He would further submit that a criminal case had been filed against him as a result of which he was arrested and released on bail for which he was suspended on 02.01.2017 and the suspension was revoked on 05.01.2024 by the 2nd respondent and the case is pending trial before the learned XI Metropolitan Magistrate, Saidapet in C.C.No.9888/2018. 2.3. It is the contention of the petitioner that the 17(b) charges of the Tamil Nadu Civil Service (Discipline and Appeal) Rules had been initiated against him on 23.03.2022 vide letter No.19653/epu;/2-1/2016 and written submission had been filed by the petitioner on 13.04.2022. The petitioner's suspension was revoked on 05.01.2024 without prejudice to the criminal cases under trial as well as pending departmental disciplinary proceedings. The petitioner had made several representations to the 1st and 2nd respondent and 3/6

also concerned Officials to consider him for the post of Principal/Principal Incharge, however, the same was not considered.

3. Today, 29.08.2025, when the case was taken up for hearing, the learned senior Counsel appearing for the Counsel for the petitioner had produced the proceedings dated 26.08.2025 in 19653/epu;/2-1/2016, in and by which all the charges against the petitioner had been dropped. Therefore, the learned senior Counsel appearing for the Counsel for the petitioner would submit that the petitioner's name should be considered for promotion for the post of the Principal/Principal In-charge.

4. Heard the learned Counsels on either side and perused the records.

5. It is seen that the writ petition has been filed challenging the order dated 24.03.2025 in and by which the request of the petitioner for considering him for promotion has been rejected on the ground that there are 17 (b) charges enquiry pending.

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6. In the light of the proceedings produced by the learned Senior Counsel for the petitioner vide 19653/epu;/2-1/2016, the writ petition is disposed of with a direction to the respondent to consider the petitioner for promotion for the post of Principal/Principal In-Charge in Tamil Nadu Government M.G.R Film and Television Institue, if eligible.

7. Accordingly, this Writ Petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

29.08.2025 Shl Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No To

1. The Secretary to Government Tamil Development and Information Department, Fort St. George, Secretariat, Chennai - 600009.

2. The Director, Information & Public Relations Department, And Ex-Officio Joint Secretary to Government, Fort St.George, Secretariat,Chennai - 600009. 5/6

P.T.ASHA J.

shl W.P.No.13869 of 2025 and W.M.P.No.15592 of 2025 29.08.2025 6/6