The Government Of Tamilnadu, v. K Anbazhagan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-10-2025

CORAM

THE HONOURABLE MR.JUSTICE T. VINOD KUMAR WMP NO. 37527 of 2025 AND WMP NO. 26658 OF 2021,WP NO. 27024 OF 2022,WP NO. 10995 OF 2020,WMP NO. 10219 OF 2022,WP NO. 25275 OF 2021,WMP NO. 13373 OF 2020,WMP NO. 26243 OF 2022,WMP NO. 17030 OF 2024,WMP NO. 281 OF 2022,WP NO. 10531 OF 2022,WMP NO. 26244 OF 2022,WMP NO. 26248 OF 2022,WMP NO. 5129 OF 2025,WP NO. 15641 OF 2024,WMP NO. 13370 OF 2020 WMP NO. 37527 of 2025 :

The Government Of Tamilnadu, Rep.by its Secretary, Finance Department, Secretariat, Chennai - 600 009. and another Petitioner(s) Vs 1.K Anbazhagan and 28 Others Respondent(s) For Petitioner(s):

Mrs V. Yamunadevi, SGP For Respondent(s):

Mr. N. Subramaniyan For R 1-16/ Petitioner In Wp. No. 10995/2020, 27024/2022 And 25275/201 Mr. P.K.Rajesh Prvaveen Kumar For R 18-28 And 14 To 24 in W.P. No. 10995 of 2020 Mr. R. Bharanidharan For R-17 And R-3 in W.P.No. 10995 of 2020 And Mr. L.Chandrakumar Counsel For Petitioner In Wp. No. 15641 of 2024 Mr. T. Dhanasekaran for R-29 And R-15 in W.P. No. 10995 of 2020 1/6

O R D E R

Heard the learned Special Government Pleader appearing for the vacate stay petitioners/respondents and the learned counsel for the respondents/ writ petitioners.

2. By this miscellaneous petition vide W.M.P.No.37527 of 2025, the vacate stay petitioners/respondents sought for vacating the status quo order dated 17.08.2020 granted by this Court in W.M.P.Nos.13370 and 13373 of 2020 in W.P.No.10995 of 2020.

3. The vacate stay petitioners/respondents in the affidavit filed in support of the subject miscellaneous petition have stated as under: "11.It is submitted that due to the prevailing order of status quo, out of 119 sanctioned strength 99 post of Assistant Directors fall vacant. As the Assistant Director posts are being vacant for more than five years, work force in the Local Fund Audit Department is restricted and there has been immense pressure on the limited serving Assistant Directors as they are holding in charge of even two regions. The Assistant Directors being the 2/6

district level officers ensuring proper functioning of the district units, the above vacancy creates numerous administrative and executive hindrances at the district level which concerns not only the Local Fund Audit Department but also several Urban and Rural Local bodies, Universities, Boards, etc. Hence, the status quo order causes much administrative hardships to the petitioners/respondents in day to day administration."

4. Learned Special Government Pleader appearing for the vacate petitioners/respondents submits that on account of status quo order granted by this Court, the writ petitioners/respondents are unable to undertake the promotion to the post of Assistant Directors which have fallen vacant in the Local Fund Audit Department and due to non-filling up of the aforesaid vacancies, the administrative works are getting affected, more particularly, in relation to Urban and Rural Local Bodies, Universities, Boards etc.,. Thus, the learned Special Government Pleader prays for vacating the order of status quo and allowing the vacate stay petitioners/respondents to undertake promotions to the 99 posts of Assistant Directors out of sanctioned strength of 119 posts.

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5. The learned counsel appearing for the respondents/writ petitioners submits that while the interse seniority dispute is the subject matter of writ petition, which it can be gone into at the final hearing of the writ petition, the vacate stay petitioners/respondents may be allowed to fill up the vacancies to the post of 99 Assistant Directors as stated by them in the affidavit filed in support of the vacate stay petition; and if the vacate petitioners/respondents undertake promotions as stated by them in Para 11 of the Affidavit, even the respondents/writ petitioners would stand to benefit.

6. Having regard to the submissions made as above, taking note of the fact that on account of the status quo order passed by this Court, the entire administration having come to an halt, this Court is of the view that the interim order dated 17.08.2020 can be modified by allowing the vacate stay petitioners/respondents to fill up 99 posts of Assistant Directors which have fallen vacant in the Local Fund Audit Department, subject to the result of the writ petition. However, it is made clear that any promotions undertaken would abide by the result of the writ petition. 4/6

7. Accordingly, W.M.P.No.37527 of 2025 is allowed. No costs. 25.10.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No msv To

1. The Additional Chief Secretary to Government, Department of Finance, Secretariat, Fort St George, Chennai- 600 009.

2.The Director of Local Fund and Audit, 6th Floor, Perasiriyar.K.Anbazhagan Maaligai Nandanam Chennai - 600 035.

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T. VINOD KUMAR , J.

msv WMP NO. 37527 of 2025 AND WMP NO. 26658 OF 2021, WP NO. 27024 OF 2022, WP NO. 10995 OF 2020, WMP NO. 10219 OF 2022, WP NO. 25275 OF 2021, WMP NO. 13373 OF 2020, WMP NO. 26243 OF 2022, WMP NO. 17030 OF 2024, WMP NO. 281 OF 2022, WP NO. 10531 OF 2022, WMP NO. 26244 OF 2022, WMP NO. 26248 OF 2022, WMP NO. 5129 OF 2025, WP NO. 15641 OF 2024, WMP NO. 13370 OF 2020 25.10.2025 6/6