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Madras High CourtWP/26790/2025disposed of

S.Arul v. The Director Of Agriculture

2025-08-26Honourable Ms. Justice P.T. Asha7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA W.P.No.26790 of 2025 and W.M.P.Nos.30113 and 30116 of 2025 S.Arul

...Petitioners

Vs.

1. The Director of Agriculture, No.1, Walajah Road, PWD Estate, Chepauk, Chennai - 600 005.

2. The Commissioner, Department of Agricultural Marketing and Agri Business, SIDCO Industrial Estate, Guindy, Chennai - 600 032.

3. The Deputy Director of Agriculture (Agri Business), Department of Agriculture Marketing and Agri Business Marketing Committee Complex, Uthamasolapuram, Salem - 636 010.

4. V.Sridevi

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to 1/7

issue a Writ of Certiorarified Mandamus, calling for the records to the (i) Proceedings of the Commissioner of Agriculture Marketing and Agri Busines, Chennai, the 2nd respondent herein made in Se.Mu.Aa.No.ThoNeP3/41228/2024 dated 10-07-2025 (Issued to the petitioner), (ii) Proceedings of the Commissioner of Agriculture Marketing and Agri Business, Chennai, the 2nd respondent herein made in Se.Mu.Aa.No.ThoNeP3/41228/2024 dated 10-07-2025 (Issued to the 4th Respondent) and (iii) Consequential Proceedings of the Deputy Director of Agriculture (Agri Business), the 3rd respondent herein made in Na.Ka.No.A/1880/2025 dated 15.07.2025 quash the same and consequently pass an order against the respondents that the petitioner is deemed to be continuing as Agricultural Officer in Agmark Grading Laboratory at Uthamasolapuram, Salem District with all consequential pay and allowances, continuity of service, arrears of salary and disburse all the accrued service and monetary benefits due to the petitioner within a time frame. For Petitioner :

Mr.K.Rajkumar For R1 to R3 :

Mr.R.U.Dinesh Rajkumar, Additional Government Pleader

O R D E R

The writ petition is filed for the relief stated herein below: "calling for the records to the (i) Proceedings of the Commissioner of Agriculture Marketing and Agri Business, Chennai, the 2nd respondent herein made in Se.Mu.Aa.No.ThoNeP3/41228/2024 dated 10-07-2025 (Issued to the petitioner), (ii) Proceedings of the Commissioner of Agriculture Marketing and Agri Business, Chennai, the 2nd 2/7

respondent herein made in Se.Mu.Aa.No.ThoNeP3/41228/2024 dated 10-07-2025 (Issued to the 4th Respondent) and (iii) Consequential Proceedings of the Deputy Director of Agriculture (Agri Business), the 3rd respondent herein made in Na.Ka.No.A/1880/2025 dated 15.07.2025 quash the same and consequently pass an order against the respondents that the petitioner is deemed to be continuing as Agricultural Officer in Agmark Grading Laboratory at Uthamasolapuram, Salem District with all consequential pay and allowances, continuity of service, arrears of salary and disburse all the accrued service and monetary benefits due to the petitioner within a time frame.

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 the Petitioner as an Agricultural Officer working in State Agmark Grading Laboratory at Uthamasolapuram, had completed only 16 months at Agmark Laboratory, Salem and since he has been working in the Agmark Laboratory on request transfer, he is entitled to continue his full term of 3 years at Uthamasolapuram as per consolidated 3/7

transfer norms issued on 05.08.1998.

3. It is his contention that on influence of the 4th respondent, the petitioner's transfer had been processed even before completion of 3 years and that too during the non transfer period. The Commissioner of Agricultural Marketing and Agri Business by proceedings dated 10.07.2025 in Se.Mu.Aa.No.ThoNePe3/41228/2024 had transferred the petitioner from the post of Agricultural Officer, Agmark Laboratory to the control of Deputy Director of Agriculture, Lalgudi in Trichy District. By the very same proceedings, the 4th respondent had been transferred from Uzhavarsandai, Attur under the control of Deputy Director of Agriculture, Salem District to the Agmark Laboratory, Salem, wherein the petitioner was working.

4. The petitioner further submits that his wife is employed as Assistant Manager in Bank of Baroda in branch of Annigiri Branch of Dharwad District in Karnataka State. Hence, the petitioner is taking care of his two male kids with his ailing parents with very great difficulty. Hence, the petitioner has filed this writ petition to allow him to continue at Agmark Grading Laboratory in Uthamasolapuram to complete his normal tenure. 4/7

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

6. It is informed that the candidate to whose position, he has been transferred, had obtained an order canceling her present transfer. Therefore she continues in Trichy and the person who has posted at the petitioner place at Salem had taken charge and the petitioner is left with no place as on date. The learned Government Advocate would submit that there is a vacancy in Tanjore and Mr.Raj Kumar, the learned Counsel for the petitioner would submit that there is likelihood of vacancy arising in Salem in the course of one or two months.

7. In view of the submissions made by both the Counsels, the Respondent shall take charge at Tanjore and as and when vacancy arises in Salem, the Respondent shall be positively repost the petitioner back to Salem.

8. With these directions, the Writ petition is disposed of. Consequently connected miscellaneous petitions are closed. No costs. 5/7

26.08.2025 Shl Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No To

1. State of Tamil Nadu Represented by the Agricultural Production Commissioner & Principal Secretary to Government, Agriculture-Farmers Welfare Department Fort St. George, Chennai - 600 009.

2. The Additional Chief Secretary to Government of Tamil Nadu Finance (Pay Cell) Department, Fort St.George, Chennai - 600009.

3. The Commissioner of Agriculture, Office of the Commissionerate of Agriculture, Chepauk, Chennai - 600005

4. Tamil Nadu Public Service Commission, Represented by the Secretary, TNPSC Road, Chennai - 600003.

P.T.ASHA J.

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shl W.P.No.26790 of 2025 and W.M.P.Nos.30113 and 30116 of 2025 26.08.2025 7/7