R.Pandian B.Sc. v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 07.08.2025
CORAM:
THE HON`BLE MR.JUSTICE C.KUMARAPPAN W.P No.15881 of 2025 and W.M. P No.17978 of 2025 R.Pandian ... Petitioner ..Vs.
1.The Government of Tamil Nadu Represented by Secretary to Govt.
Public Department Fort St.George Secretariat, Chennai 2.The Resident Commissioner Tamil Nadu House New Delhi-110 021.
... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to promote the petitioner as Reception Officer and grant all other consequential benefits.
For Petitioner : Mr.T.Aananthi For R1 : Mr.N.Naveen Kumar Government Advocate 1/4
O R D E R
The instant writ petition has been filed, directing the respondents to promote the petitioner to the post of Reception Officer.
2. The learned counsel for the petitioner would submit that the petitioner is serving as an Assistant Reception Officer at Tamil Nadu House, New Delhi and that he was initially appointed as Junior Assistant on 21.03.1995 and was promoted as Senior Receptionist during 2008 and thereafter, posted as Assistant Reception Officer since 01.06.2010. He would further submit that he is the only eligible person to be promoted as a Reception Officer and inspite of he being a senior most person, incharge has been given to one Angusamy in violation of the rule. Hence, it is the contention of the petitioner that he has to be promoted to the post of Reception Officer.
3. The aforesaid contention was stoutly objected by the learned Government Advocate appearing for the 1st respondent and would submit that presently, one Angusamy has been given full additional charge to the post and would submit that they are taking 2/4
necessary steps to consider the eligible persons for promotion in accordance with rule and would further submit that the employee cannot seek right of promotion as a fundamental right and therefore, the very writ petition seeking for promotion,is not maintainable.
4. I have given my anxious consideration to either side submissions.
5. It is well settled principle of law that no employee can seek a right of mandamus to promote him to the next level post, as it is not a fundamental right and the employee can have the only right to be considered for promotion. In the case on hand, the prayer is seeking a mandamus to promote him as Reception Officer, which this Court cannot do. However, while considering the petitioner's submission, a representation dated 05.03.2025 has been forwarded to the respondents and the same is under their consideration.
6. In this connection, the learned Government Advocate would submit that they will consider the petitioner's representation within a reasonable time.
3/4
C.KUMARAPPAN,J uma
7. In view of the above submissions, this Court deems it appropriate to direct the respondent to consider the petitioner's above representation and pass order according to its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
8. With the above direction, this writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed. 07.08.2025 uma To 1.The Secretary to Govt.
Public Department Fort St.George Secretariat, Chennai 2.The Resident Commissioner Tamil Nadu House New Delhi-110 021 W.P No.15881 of 2025 & W.M.P No.17978 of 2025 4/4