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Madras High CourtWP/25544/2025disposed of

A.Pushpalatha M.L.I.S., v. The State Of Tamil Nadu Represented

2025-11-18Honourable Mr Justice G.K. Ilanthiraiyan9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.

25544 of 2025 and W.M.P.No.

28721 of 2025 A.Pushpalatha M.L.I.S, ... Petitioner Vs.

1.The State of Tamil Nadu Represented 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 District.

... Respondents 1/9

Prayer: Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file nd respondent in his proceedings Na.Ka.No.199/A1/2020 dated of the 2 26.02.2024 and quash the same and directing the respondents to fix the seniority of the petitioner based on the date and time of joining duty (i.e.) 28.08.2012 F.N. and consequently direct the respondents to include the name of the petitioner in between serial No.474 and 475 in the draft seniority list of Village Librarians of the year 2023 and consequently, promote the petitioner as Librarian Grade III as per G.O.Ms.No.52 School Education (Public Library-1) Department dated 26.02.2024 from the date of promotion given to her juniors with all services and monetary benefits. For Petitioner : M/s.T.Divya 2/9

For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader

O R D E R

This Writ Petition has been filed challenging the proceedings dated 26.02.2024 thereby fixing the seniority of the petitioner by mentioning her joining date as 28.08.2012 A.N. The petitioner was selected and appointed to the post of Village Librarian by an order dated 27.08.2012. She was posted at Aalathur Village Library and accordingly, she had joined in the said post on 28.08.2012 F.N., by taking charge from one V.Sivasakthi. The petitioner also produced joining report that she had joined on 28.08.2012 in the post of Village Librarian at Aalathur Village Library 28.08.2012 F.N. The petitioner also produced attendance register and she had joined in the attendance register at 8.50 a.m., on 28.08.2012. However, her joining report was wrongly entered in her service register as 28.08.2012 F.N. Accordingly, her name was not placed in the seniority list.

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2. On perusal of the counter affidavit and also on the submission made by the learned Special Government Pleader, as per Section 40 (6) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, the application for the revision of seniority of a person in a service, class, category or grade shall be submitted to the appointing authority within a period of three years from the date of appointment to such service. The petitioner did not even raise any objection to the draft seniority list.

3. Further, the respondents also produced the inter communication between the third respondent to the second respondent dated 31.07.2025 to substantiate that the petitioner had joined only on 28.08.2012 A.N. Therefore, she was paid salary only from 29.08.2012. It cannot be countenanced for the simple reason that the seniority list was published only on 26.02.2024 and as such, there is no question of claiming seniority within 4/9

a period of three years from the date of her appointment. Further, as stated supra as per the attendance register and also joining report, the petitioner categorically mentioned that she had joined on 28.08.2012 at about 8.50 a.m.

4. In fact, she received charge from one V.Sivasakthi. But at the time of receiving salary for 3 days i.e., from 29.08.2012 to 30.08.2012, the petitioner did not notice the same. Therefore, it cannot be taking into account that the petitioner had joined only on 28.08.2012 A.N. The respondents wrongly recorded the petitioner's service register as A.N instead of F.N on 28.08.2012 as joining date. The respondents are directed to treat the petitioner's joining date as 28.08.2012 F.N and accordingly, revise the seniority of the petitioner by putting her in the appropriate place on the post, publish fresh seniority list within a period of four weeks from the date of receipt of a copy of this orders.

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5.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 18.11.2025 Index:Yes/No dna 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 District.

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G.K.ILANTHIRAIYAN, J.

dna W.P.No.

25544 of 2025 and W.M.P.No.

28721 of 2025 8/9

.11.2025 9/9