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Madras High CourtWP/45177/2025dismissed

S.Ravi v. The Principal Secretary To Government,

2025-11-24Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Ravi ... Petitioner Vs.

1.THE PRINCIPAL SECRETARY TO GOVERNMENT, HANDLOOMS, HANDICRAFTS, TEXTILES AND KHADI DEPARTMENT, FORT ST.GEORGE, CHENNAI 600 009 2.THE DIRECTORATE OF SERICULTURE, DIRECTOR OF SERICULTURE, NETHAJI NAGAR, HASTHAMPATTY, SALEM 636 007 3.THE SUPERINTENDENT OF SERICULTURE, E-2 SECTION, ANAIMEDU, SALEM 636 001 4.N.NITHYA ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents No. 1 to 3 to take appropriate decision based on the petitioner's representation dated 8.11.2024, 30.10.2025 to include the petitioner's name in the panel for promotion to the post of Inspector of Sericulture based on his seniority and grant him promotion as Inspector of Sericulture on par with the 4th respondent who are his junior along with all consequential service and monetary benefits as per Section 40(2) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 based on the Clarification 1/6

letter No. 2845/ G1/2021- 4 dated 27.12.2021 issued by the 1st respondent within a stipulated period of time as fixed by this court For Petitioner : Mr.A.Deivasigamani For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

O R D E R

This writ petition has been filed for direction to respondents 1 to 3 to take appropriate decision on the representation submitted by the petitioner seeking inclusion of his name in the panel for promotion to the post of Inspector of Sericulture.

2.

The petitioner had been appointed in the post of Junior Inspector of Sericulture by the second respondent and subsequently he was promoted to the post of Assistant Inspector of Sericulture. In the year 2016, the second respondent had recruited 42 candidates and they were temporarily appointed as Assistant Inspector of Sericulture through employment exchange and their services were regularised on 21.01.2019. Thereafter the second respondent published inter se seniority list between the promoted and directly recruited Assistant Inspector of Sericulture based on the panels approved for the years 2016-2017. However the 2/6

petitioner was not included in the said inter se seniority list. Therefore, the petitioner filed writ petition before this Court and it is pending. The petitioner submitted representation to refix the inter se seniority. But it was rejected by an order dated 05.12.2020 on the ground that the ordinary grade differs for the post of Junior Inspector of Sericulture, Assistant Inspector of Sericulture and Inspector of Sericulture. While being so, the first respondent issued clarification stating that the inter se seniority can be refixed and fresh panel can be drawn between the Assistant Inspector of Sericulture appointed by direct recruitment and the seniors who are regularly promoted and appointed in the post of Assistant Inspector of Sericulture as per Section 40(2) of the Tamilnadu Government Servants (Conditions of Service) Act, 2016. However, so far no action has been taken by the second respondent. Hence, the petitioner submitted representation.

3.

On instruction, the learned Special Government Pleader appearing for the respondents submitted that the directly recruited Assistant Inspectors of Sericulture were appointed to the post well before the petitioner, who entered the cadre only on 14.06.2017 by way of promotion. Since the date of entry into the post is the determining factor 3/6

for seniority under Section 40(2), the case of the petitioner cannot be considered for placing above the directly recruited incumbents who had already joined in the said post prior to the petitioner's promotion. 4.

Therefore, the request made by the petition cannot be considered. As such, this writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

24.11.2025 Index: Yes/No Speaking/Non-speaking order lok 4/6

To 1.THE PRINCIPAL SECRETARY TO GOVERNMENT, HANDLOOMS, HANDICRAFTS, TEXTILES AND KHADI DEPARTMENT, FORT ST.GEORGE, CHENNAI 600 009 2.THE DIRECTORATE OF SERICULTURE, DIRECTOR OF SERICULTURE, NETHAJI NAGAR, HASTHAMPATTY, SALEM 636 007 3.THE SUPERINTENDENT OF SERICULTURE, E-2 SECTION, ANAIMEDU, SALEM 636 001 5/6

G.K.ILANTHIRAIYAN, J.

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