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Madras High CourtWP(MD)/11526/2025disposed of

T.N.Ramesh Babu v. The State Of Tamil Nadu

2026-03-10Honourable Mr.Justice Mummineni Sudheer Kumar10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P(MD)No.8538 & 8540 of 2025 & 818 of 2026 T.N.Ramesh Babu ... Petitioner Vs.

1.State of Tamil Nadu, Represented by the Additional Chief Secretary to the Government, Rural Development and Panchayat Raj (E5) Department, Fort St. George, Chennai-9.

2.The Commissioner of Rural Development and Panchayat Raj Panagal Maaligai, Saidapet, Chennai-15.

3.D.Kalimuthu 4.M.Sumathi 5.P.Karthika 6.G.Keerthiga

7.G.Saranya 8.M.Kannan 9.P.Jothilakshmi 10.G.Revathi 11.R.Yogeswari 12.S.Rajalakshmi 13.B.Sundarapandi 14.J.Anbuselvi 15.P.Vivek Ananda Raj 16.C.Vinotha 17.A.Arun Raj Kumar 18.M.Boologapandi 19.M.Venkatesh 20.D.Mathavan 21.P.Gragalakshmi 22.S.Fathi Muthu Johara 23.K.K.Gowtham 24.R.Jayageetha 25.K.Arunprasath 26.A.Manikandan 27.M.Subash Chandra Bose 28.S.Pradeep 29.B.Ameer Jabin 30.V.Gokulapriya 31.B.Senapathi (R3 to R31 are impleaded vide Court order dated 12.12.2025 in W.M.P(MD)No.22042 of 2025) ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned Circular in Na.Ka.No.77809/2024/B1 dated 19.04.2025 on the file of the Respondent No.2 and quash the same as illegal. For Petitioner :

Mr.T.Lajapathi Roy Senior Counsel for Mr.T.Aswin Raja Simman For R1 & R2 :

Mr.S.Shaji Bino Special Government Pleader For R3 to R31 :

Mr.Mohammed Imran for M/s.Ajmal Associates

O R D E R

This writ petition has been filed for a writ of certiorari to quash the impugned Circular in Na.Ka.No.77809/2024/B1, dated 19.04.2025 issued by the second respondent.

2. This Court while entertaining the writ petition passed an interim order staying the operation of the impugned proceedings, by an order dated 24.04.2025. Subsequently, the said order was modified by an order dated 16.02.2026. The said order is reads as under: "The petitioner is working as a temporary Computer Assistant under the Mahatma Gandhi National Rural Employment Guarantee Scheme from the year 2009. The Government has taken a policy decision to absorb 906 Computer Assistants, who were working under Mahatma Gandhi National Rural Employment Guarantee Scheme, as Junior Assistants, vide G.O.Ms.No.37, Rural Development and Panchayat Raj (E5) Department dated 22.03.2017. In the said Government order, the Government has also downgraded the post of Assistants as Junior Assistants by creating posts of Junior Assistants for the Mahatma Gandhi National Rural Employment Guarantee Scheme. While so, the Government, vide G.O.Ms.No.92 dated 13.07.2023 cancelled G.O.Ms.No.37 that the Tamil Nadu Public Service Commission has not

conducted the Special Qualifying Test to absorb 906 Computer Assistants working under the Mahatma Gandhi National Rural Employment Guarantee Scheme.

2.Similarly placed temporary Computer Assistants have challenged the Government order in G.O.Ms.No.92 dated 13.07.2023 before the Principal Seat in WP.No.32020 of 2023 and this Court has entertained the said writ petition by granting status quo, vide order dated 08.11.2023. In the said writ petition, further order was passed on 12.06.2024 calling for a clarification from the Government as under:- 4.As far as the issue of creation of post is concerned, it can be seen that originally there were 858 posts in the cadre of Assistant in Mahatma Gandhi National Rural Employment Guarantee Scheme throughout the State of Tamil Nadu. Vide G.O.(Ms).No.37, Rural Development and Panchayat Raj (E5) Department, dated 22.03.2017, the Government ordered to downgrade the said post of Assistant and redesignated them as Junior Assistant so that the existing incumbents working

as Computer Assistants can be absorbed in the same post. However vide G.O.Ms.No.92, Rural Development and Panchayat Raj (E5) Department, dated 13.07.2023, the said G.O.(Ms).No.37 dated 22.03.2017 was cancelled. While cancelling the said G.O., nothing was mentioned about the posts as such. Therefore, as on date, whether the 858 posts exists in the cadre of Assistant or Junior Assistant or Computer Assistant has to be made clear.

The Government has neither taken any steps to vacate the interim order dated 08.11.2023 nor issued any clarification as required by this Court in WP.No.32020 of 2023. While so, the Commissioner has issued a circular to all the District Administrators to fill up the posts of Assistants by promotion for the Mahatma Gandhi National Rural Employment Guarantee Scheme. Aggrieved by the same, the petitioner has filed the present writ petition.

3.The learned counsel for the petitioner, by referring to the interim order granted by this Court in WP.No.32020 of 2023 dated 08.11.2023, submits that if the posts of Assistants are filled up by promotion pending writ petition, their prospects of getting regularization would be affected.

4.The learned counsel appearing for the respondent 3 to 31 claims that in view of the interim order granted dated 24.04.2025 in this writ petition, their promotional opportunity has been denied.

5.This Court has considered the submissions made on either side and perused the available records. 6.Though this Court has entertained this writ petition and granted an order of interim stay, the respondents have not clarified their position till date and they have not taken any steps to vacate the interim order granted in WP.No.32020 of 2023 dated 08.11.2023. They have also failed to submit their clarification as directed by this Court on 12.06.2024.

7.The order impugned in this writ petition is only in the form of circular. The respondents shall proceed with the promotion, if any for the purpose of administration without affecting the rights of the petitioner, who is protected by the interim order in WP.No.32020 of 2023.

8.Post the matter on 06.03.2026. The Government shall also clarify their position before this Bench and also before the Principal Seat by then. Promotion if any provided in the existing posts is subject to the result of the writ petition in WP.No.32020 of 2023.

3. Today, after hearing counsel for all the parties, it is concluded that the present writ petition can be disposed of in terms of the order dated 16.02.2026 passed by this Court, as the said order protects the interest of all the parties and maintains balance of convenience.

4. In the light of the above, the writ petition is disposed of in terms of the order passed by this Court, dated 16.02.2026. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 10.03.2026 Index :

Yes / No am To 1.State of Tamil Nadu, Represented by the Additional Chief Secretary to the Government, Rural Development and Panchayat Raj (E5) Department, Fort St. George, Chennai-9.

2.The Commissioner of Rural Development and Panchayat Raj Panagal Maaligai, Saidapet, Chennai-15.

MUMMINENI SUDHEER KUMAR, J.

am 10.03.2026