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Madras High CourtWP/39832/2025dismissed

M.Arun Sivakumar v. The Principal Secretary / Transport Commissioner

2025-10-25Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN M.Arun Sivakumar ....

Petitioner Vs 1.The Principal Secretary/Transport Commissioner, O/o. Transport and Road Safety Commissionerate, Guindy, Chennai 600032.

2. The Joint Transport Commissioner (Administration), O/o. Transport and Road Safety Commissionerate, Guindy, Chennai 600032.

..... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent impugned order dated 11.09.2025 in R.No.4308/T1/2025 passed by the 1st Respondent and quash the same and consequently direct to the 1st respondent to promote the petitioner as Grade-I Motor Vehicle Inspector from Grade-II Motor Vehicle Inspector.

For Petitioner : Mr.M.S.P.K.Ganesh For Respondents : Mr.R.U.Dinesh Raj Kumar Additional Government Pleader 1/5

ORDER

This Writ Petition has been filed challenging the order dated 11.09.2025 passed by the first respondent, thereby rejecting the request made by the petitioner seeking promotion to the post of Motor Vehicle Inspector Grade-I.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was appointed as Motor Vehicle Inspector Grade-II on 01.06.2001 on compassionate grounds, after the demise of his father. The petitioner pursued higher studies and was granted leave for one year from 20.05.2006 to 19.05.2007. Thereafter, he sought extension of leave for a further period of six months, which was rejected by the respondents. Subsequently, the petitioner tendered his resignation by letter dated 25.02.2008, but later withdrew the same. Pursuant to this, disciplinary proceedings were initiated as against the petitioner under 17(b) of Tamil Nadu Civil Services (D & A) Rules against the petitioner. Thereafter, the petitioner submitted a representation seeking permission to join duty and on consideration, he was posted as Motor Vehicle Inspector Grade-II on 09.03.2015. Subsequently, the petitioner was not considered for 2/5

promotion to the post of Motor Vehicle Inspector Grade-I.

4. Therefore, the petitioner submitted a representation, which was not considered. Aggrieved over the same, the petitioner approached this Court by way of Writ Petition in W.P.No.5989 of 2025. This Court, by an order dated 17.03.2025, directed the first respondent to consider the request made by the petitioner. After elaborate discussion, the request made by the petitioner was rejected by the first respondent on the ground that in the light of Rule 5(b) of the Tamil Nadu Transport Subordinate Service Rules, the petitioner's service was regularized only on 26.08.2025 and his probation is yet to be declared. Further, the petitioner has not completed one year of enforcement work, which is one of the criteria prescribed for promotion to the post of Motor Vehicle Inspector GradeI. Hence, the request made by the petitioner was rightly rejected.

5. In view of the above, this Court finds no infirmity or illegality in the order dated 11.09.2025 passed by the first respondent. Accordingly, this Writ Petition stands dismissed. However, the respondents are directed to consider the case of the petitioner for promotion to the post of Motor Vehicle Inspector 3/5

Grade-I, after declaration of his probation, in accordance with law. There shall be no order as to costs.

25.10.2025 Index:Yes/No Speaking/Non speaking Lpp To 1.The Principal Secretary/Transport Commissioner, O/o. Transport and Road Safety Commissionerate, Guindy, Chennai 600032.

2. The Joint Transport Commissioner (Administration), O/o. Transport and Road Safety Commissionerate, Guindy, Chennai 600032.

G.K.ILANTHIRAIYAN, J.

4/5

Lpp 25.10.2025 5/5