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Madras High CourtWP/31559/2018dismissed

S.Rajamuthu v. The Principal Secretary To Government

2026-02-11Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice C.Kumarappan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-02-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN and W.M.P.Nos.36779 , 36781 & 36783 of 2018

1. S.Rajamuthu S/o.Subbu, Formerly Joint Director of Industrial Safety and Health, Old No.Y-79, New No.Y-3, 6th Street, 6th Main Road, Anna Nagar (Near Tower), Chennai - 600 040

2. Dhinakaran S/o.Kandaswamy, Inspector of Factories, 27/2A2, Gandhi Road, Near Income Tax Office, Salem - 636007

3. G.Balakrishnan S/o.Govindan, Joint Director of Industrial Safety and Health, No.22, Old Agraharam Street, Madurai - 2

4. M.V.Senthilkumar S/o.Veluswamy, Joint Director of Industrial Safety and Health, Coimbatore (Division), No.58, Sriyor Church Road, 1st Street, Coimbatore - 641001 ..Petitioner(s) Vs

1. The Principal Secretary to Government Labour and Employment Department, Fort St.

George, Chennai - 9

2. The Director of Industrial Safety and Health T.S.47, Guindy Industrial Estate, Near Metro Water Rountana, Guindy, Chennai - 600032

3. K.Arul Additional Director of Industrial Safety and Health (Retd.), Reveaha Tower, Race Course, Coimbatore - 641018

4. K.Kaliannan Director of Industrial Safety and Health (Retd.), 5, Ganapathy Garden, Coimbatore - 641003

5. S.Ponsingh Mohanram Senior Additional Director, T.S.47, Guindy Industrial Estate, Near Metro Water Rountana, Guindy, Chennai - 600062

6. S.Muthukumar Joint Director of Industrial Safety and Health (Retd.), 2/535 B.Manoranjitham Street, Selvanthi Street (Inside), 6th Main Road, Gomathipuram, Madurai - 20

7. B.Alagesan Additional Director of Industrial Safety and Health (Retd), 23, Abdul Salam Street, Khaja Nagar, Trichy

8. K.Manoharan Director of Industrial Safety and Health, T.S.47, Guindy Industrial Estate, Near Metro Water Rountana, Guindy Chennai - 600 032

9. B.Sundaram Joint Director of Industrial Safety and Health (Retd.), Arani Road, Sankaranpalayam, Vellore - 632001 10.K.Chidambaranathan Additional Director of Industrial Safety and Health (Retd.) No.1, Deepan Road, Semmandalam, Cuddalore

11.G.Muralidharan Additional Director of Industrial Safety and Health (Retd.), C/o.Dr.Alli, Seelanaickenpatti, Salem 12.S.Durairaj Additional Director of Industrial Safety and Health (Retd), 23, Abdul Salam Street, Khaja Nagar, Trichy 13.R.Jeyakumar Additional Director of Industrial Safety and Health, T.S.47, Guindy Industrial Estate, Near Metro Water Rountana, Guindy, Chennai - 600 032 14.S.Ambalavannan Additional Director of Industrial Safety and Health, 5/173, State Officers Colony, Junction Road, Salem - 4 15.V.Manoharan Additional Director of Industrial Safety and Health (Retd), 23, Abdul Salam Street, Khaja Nagar, Trichy 16.K.Jegadesan Additional Director of Industrial Safety and Health, 525, Thalaivasal Complex, Cross Cut Road, Coimbatore - 12 17.B.Padmanaban Joint Director of Industrial Safety and Health, (Retd.), T.S.47, Guindy Industrial Estate, Near Metro Water Rountana, Guindy, Chennai - 600 032 18.A.R.Baskaran Additional Director of Industrial Safety and Health, (Retd.), T.S.47, Guindy Industrial Estate, Near Metro Water Rountana, Guindy, Chennai - 600 032

19.V.A.Appavusamraj Joint Director of Industrial Safety and Health (Retd.), D.No.49, Plot No.867, Matuthavani Road, Sambakulam, K.Pudur, Madurai - 7 20.Periasamy Joint Director of Industrial Safety and Health, (Retd.) T.S.47, Guindy Industrial Estate, Near Metro Water Rountana, Guindy, Chennai - 600 032 21.Ravi Joint Director of Industrial Safety and Health, 23, Abdul Salam Street, Khaja Nagar, Trichy ..Respondent(s) To call for the records of the 1st respondent in connection with the impugned draft seniority list published by the 1st respondent in his G.O. (Rt).No.332 Labour and Employment (M1) Dept., Dtd 14.09.18 and the memorandum of the 2nd respondent issued in No.E1/15842/2018 dated 18.09.18 and the temporary panel of Additional Director of Industrial Safety and Health for the year 2018-19 published in G.O.(D).No.

505 Labour and Employment (M1) Department dated 29.08.18 and the posting orders issued in G.O.(D)No.317 labour & Employment (M1) department dated 30.08.2018 and quash the same and direct the respondents 1 and 2 to prepare the seniority list in accordance with the rules and place the direct recruits namely the petitioners herein, over and above the promotees 3 to 21 and grant them all consequential service and monetary benefits notitionally.

For Petitioner(s):

Mr.K.Venkatramani, Senior Counsel for Mr.M.Muthappan For Respondent(s):

Mr.U.M.Ravichandran, Spl.Govt.Pleader for 1 & 2.

Mr.V.Ravikumar for R13.

Mr. T.Balaji for R 14 to R16.

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The writ petition has been instituted challenging the draft seniority list published by the 1st respondent in G.O.Rt.No.332 Labour and Employment Department dated 14.09.2018.

2. The writ petition itself came to be filed in the year 2018 to reverse the seniority of the promotee employees who were promoted prior to the appointment of the writ petitioners in the year 1995. The writ petitioners are directly recruited to the post of Inspector of Factories. Their contention is that the in-service candidates who were temporarily promoted to the post of Inspector of Factories have superseded the directly recruited candidates in the seniority. The fact remains that the direct recruits were appointed in the year 1995 but the in-service candidates were promoted to the post of Inspector of Factories in the year 1986, 9 years prior to the date of appointment of the writ petitioners/directly recruited Inspector of Factories. That apart, the issues raised in the present writ petition are similar to the issues raised in W.A.No1272 of 2010. Thus, in view of the order passed in W.A.No.1272 of 2010, the present Writ Petition is also dismissed. No costs. Consequently,

connected W.M.P.Nos.36779 & 36781 of 2018 are ordered and W.M.P.No.36783 of 2018 is closed.

(S.M.S.,J.) (C.K.,J.) 11-02-2026 Index: Yes/No Speaking/Non-speaking order vsi To

1. The Principal Secretary to Government Labour and Employment Department, Fort St. George, Chennai - 9

2. The Director of Industrial Safety and Health T.S.47, Guindy Industrial Estate, Near Metro Water Rountana, Guindy, Chennai - 600032

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

VSI 11-02-2026