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Madras High CourtWA(MD)/766/2026dismissed

M.Balasubramanian v. The Director Of Agriculture,

2026-06-01Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN M.Balasubramanian ...Appellant Vs.

1.The Director of Agriculture, Chepauk, Chennai-600 005.

2.The Accountant General (A & E), Tamil Nadu, Anna Salai, Chennai-600 018.

3.The Joint Director of Agriculture, Tirunelveli, Tirunelveli District.

...Respondents

PRAYER:- Writ Appeal - filed under Clause 15 of the Letters Patent, to set aside the common order passed in W.P.(MD)No.927 of 2024 dated 28.11.2025.

For Appellant : Mr.T.Pradeep For Respondent : Mr.M.Mohaboob Athiff (R1) Counsel for State Mr.P.Gunasekaran (R2) Standing Counsel 1/6

JUDGMENT

(Judgment of the Court was delivered by N.SATHISH KUMAR, J.) The present writ appeal challenges the order of the learned Single Judge dismissing the writ petition filed against the orders passed by the Accountant General (A&E).

2.The appellant was initially appointed as an Agricultural Officer. He completed 20 years of service on 20.01.2013 and was granted Selection Grade with effect from that date. Subsequently, he was promoted to the post of Assistant Director on 17.12.2012. However, instead of joining the promoted post immediately, he went on medical leave and assumed charge of the promotional post only on 20.01.2013. Based on the above said facts, the Accountant General fixed the pay drawn of the petitioner as Rs.1,01,000/-. Aggrieved by the said order, the appellant/writ petitioner has filed the writ petition. 3.The learned Single Judge taking note of the entire facts and circumstances of the case dismissed the writ petition holding that the petitioner is not entitled for a special Grade in the post of Agricultural 2/6

Officers as he had already been promoted on 17.12.2012. Challenging the same, the writ petitioner has filed the present writ appeal. 4.The grievance of the writ petitioner /appellant is that he was entitled for a special grade as he has completed 20 years of service as on 20.01.2013. Further, the order of the promotion was communicated to the writ petitioner only on 18.12.2012 while he was on medical leave, though he was given promotion on 17.12.2012. On the date of rejoining in duty, the writ petitioner completed 20 years of service and he is entitled for special grade. Hence, it is not fair on the part of the respondents to reduce the special grade increments. 5.Heard the learned counsel appearing on either side and perused the materials placed on record.

6.It is true that the appellant has completed 20 years of service as an Agriculture Officer as on 20.01.2013 and he is entitled for a Special Grade. It is also not in dispute that the appellant had been given promotion to the post of Assistant Director on 17.12.2012. 3/6

7.Once an employee has been promoted prior to the completion of the qualifying period, he would not ordinarily be entitled to the benefits of Special Grade. In the present case, although the appellant was promoted on 17.12.2012, he went on medical leave and assumed charge of the promotional post only on 20.01.2013, after completing 20 years of service. Therefore, the very conduct of the appellant clearly indicates that he delayed joining the promotional post only in order to gain the benefits in special grade, which he is not entitled. 8.In these circumstances, we find no infirmity in the action of the Accountant General in revising the pay fixation. The learned Single Judge has rightly rejected the challenge made by the appellant. 9.We therefore, find no merit in this writ appeal. Accordingly, the writ appeal stands dismissed. There shall be no order as to costs. [N.S.K., J.] & [M.J.R., J.] 01.06.2026 Index :Yes/No Internet :Yes ta 4/6

To 1.The Director of Agriculture, Chepauk, Chennai-600 005.

2.The Accountant General (A & E), Tamil Nadu, Anna Salai, Chennai-600 018.

3.The Joint Director of Agriculture, Tirunelveli, Tirunelveli District.

5/6

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

ta 01.06.2026 6/6