Mahalingam.N v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY M.Mahalingam ...Appellant -Vs1.The Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Chennai.

2.The Commissioner, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai.

3.The District Collector, Trichy District.

4.The Personal Assistant to the District Collector (Development), Trichy District.

5.The Block Development Officer, Thiruverumbur Panchayat Union, Trichy District.

...Respondents

PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent Act, to set aside the order of this Court made in W.P.(MD)No.13013 of 2023 dated 06.11.2024.

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For Appellant : Mr.S.Sabari Bala Pandian For R1 to R4 : Mr.S.S.Madhavan Additional Government Pleader

JUDGMENT

(Judgment of the Court was made by J.NISHA BANU, J.) This Writ Appeal is filed against the order of this Court, dated 06.11.2024 in W.P.(MD)No.13013 of 2023.

2.The writ petitioner seeking promotion to the post of Junior Assistant after his retirement on the basis of G.O.Ms.No.745, dated 18.07.1980, has filed writ petition.

3.The writ petitioner was appointed as Night Watchman in the year 1981 and he retired from service in the year 2010 as Recorded Clerk. Thereafter, he sent several representations to the authorities concerned seeking promotion to the post of Junior Assistant. The said representations were rejected on the ground that the writ petitioner has not passed in SSLC and none of his juniors were given promotion bye-passing the writ petitioner. The learned Single Judge considering all these aspects had dismissed the writ petition holding that till the date of retirement, the writ petitioner did not come under the zone of consideration and hence, the benefit of notional promotion could not be extended to the writ 2/4

petitioner. We find no reason to interfere with the order passed in the writ petition.

4.Accordingly, this writ appeal is dismissed. No costs. (J.N.B.,J.) (S.S.Y.,J.) 28.03.2025 Index : Yes/No Internet : Yes/No ta To 1.The Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Chennai.

2.The Commissioner, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai.

3.The District Collector, Trichy District.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta 28.03.2025 4/4