S.Subramanian v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-01-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No.50195 of 2025 and WMP.No.56155 and 56157 of 2025 S.Subramanian S/o. Sengamalai, Regional Assistant Director (Education ) Adi Dravidar Welfare Department, Collectorate Campus, Cuddalore, Cuddalore District Petitioner(s) Vs 1.The State Of Tamil Nadu Rep. by its Principal secretary to Government, Human Resources Management Department, Fort St.George, Secretariat, Chennai 09 2.The State of Tamil Nadu, Rep. By its Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort St. George, Secretariat, Chennai-600 009 3.The Commissioner, Adi Dravidar Welfare Department, Chepauk, Chennai-600 005 4.S.Lingeswaran, Headmaster, Government ADW Higher Secondary School, Vazhaiyuthuvayal, Kanyakumari District

5.V.Chitra Headmistress, Government ADW Higher Secondary School, Velspuram, Coimbatore District Respondent(s) For Petitioner(s):

Mr.G.Sankaran for Mr.J.Jayamalan For Respondents:

Mr.M.Rajendiran Additional Government Pleader PRAYER Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the third respondent in Na.Ka.No.A1/14424/2024 dated 30.06.2025 and to quash the same, and consequently, direct the respondents to prepare the seniority list / panel for promotion to the post of Deputy Director by first considering Assistant Directors for promotion, and thereafter Higher Secondary School Headmasters for recruitment by transfer and accordingly, consider the petitioner for promotion to the single post of Deputy Director (Education) in the State Service.

ORDER

This Writ Petition has been filed seeking to call for the records relating to the impugned order issued by the third respondent in Na.Ka.No.A1/14424/2024 dated 30.06.2025 and to quash the same, and consequently, direct the respondents to prepare the seniority list / panel for promotion to the post of

Deputy Director by first considering Assistant Directors for promotion, and thereafter Higher Secondary School Headmasters for recruitment by transfer and accordingly, consider the petitioner for promotion to the single post of Deputy Director (Education) in the State Service.

2. Mr.M.Rajendiran, learned Additional Government Pleader takes notice on behalf of the respondents.

3. The case of the petitioner is that he was initially appointed as P.G.Assistant in Adi Dravidar Welfare Department on 28.08.1995 and subsequently, was promoted as Headmaster, Higher Secondary School on 31.12.2016. Thereafter, based on the panel prepared for appointment by transfer to the post of Assistant Director (Education) / Regional Assistant Director (Education), he was promoted as Regional Assistant Director (Education) on 02.01.2024. It is the further case of the petitioner that though the petitioner is fully eligible for promotion to the post of Deputy Director (Education), the third respondent issued a seniority list dated 30.06.2025 for promotion to the said post by inter se comparison between Assistant Directors and Higher Secondary School Headmasters. Aggrieved by the said impugned seniority list, the petitioner made representations dated 11.11.2025 and 08.12.2025, objecting the procedure adopted for promotion to the post of Deputy Director. However, no effective orders have been passed on the said representations till date. Hence,

challenging the said impugned seniority list, the present Writ Petition has been filed.

4. Learned counsel for the petitioner submitted that the post of Deputy Director (Education) is a distinct category under the State Service and is liable to be filled either by promotion from the post of Assistant Director in the State Service or by recruitment by transfer from the post of Higher Secondary School Headmasters belonging to the Higher Secondary Education Service, in accordance with the relevant service rules. The grievance of the petitioner is that the third respondent has erroneously drawn the impugned seniority list by including the names of Higher Secondary School Headmasters, who had relinquished their right for appointment by transfer to the post of Assistant Director, even though the mandatory period of three years of relinquishment is still in force.

He further submitted that respondents 4 and 5 had relinquished their right for appointment by transfer to the post of Assistant Director in the year 2023. As such, inclusion of their names in the impugned seniority list is contrary to the statutory rules and settled principles governing service jurisprudence. Hence, the learned counsel prayed for allowing of the Writ Petition.

5. Mr.M.Rajendiran, learned Additional Government Pleader appearing for the respondents submitted that the petitioner's representation dated

08.12.2025, objecting the seniority list issued by the third respondent will be considered by the third respondent and appropriate orders will be passed, before finalizing the panel.

6. In view of the above, this Court directs the third respondent to consider the petitioner's representation dated 08.12.2025, objecting the impugned seniority list and pass appropriate orders on the same in accordance with law, before finalizing the panel, within a period of six (6) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and any other interested parties.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Connected Writ Miscellaneous Petitions are closed.

05-01-2026 Anu (2/5) Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State of Tamil Nadu Rep. by its Principal secretary to Government, Human resources Management department, Fort St.George, Secretariat, Chennai 09 2.The State Of Tamil Nadu Rep. by its secretary to Government, Adi dravidar and Tribal welfare department, Fort St.George, Secretariat, Chennai 09 3.The commissioner Adi dravidar welfare department, chepauk chennai 05

M.DHANDAPANI J.

Anu And WMP.No.56155 and 56157 of 2025 05-01-2026