Annapoorani v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Annapoorani ... Petitioner -vs1.The Director, Department of Employment and Training (DET) Thiru. Vi.Ka. Industrial Estate, Alandur Road, Guindy, Chennai - 600 032.

2.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai 600 003.

3.The District Collector, Thanjavur District, Thanjavur.

4.The Assistant Director, District Skill Training Office (DET) Pudukkottai - 622 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to fix the petitioner's seniority in the Employment and Training Department from 21.12.1994 forenoon onwards in accordance with G.O.(Ms)No.292, Personnel and Administrative Reforms (Personnel - B) Department, dated 02.04.1987 and to include her name

in the Administrative Officer promotion panel for the year 2023-2024 based on the seniority so fixed.

For Petitioner : Mr.P.Saravanakumar For R1, R3 and R4 : Mr.S.R.A.Ramachandran Additional Government Pleader For R2 : Mr.J.Anandkumar Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to fix the petitioner's seniority in the Employment and Training Department with effect from the forenoon of 21.12.1994, in accordance with G.O.(Ms)No. 292, Personnel and Administrative Reforms (Personnel-B) Department, dated 02.04.1987 and consequently, to include her name in the Administrative Officer promotion panel for the year 2023-2024 based on the seniority so fixed.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner submits that she is presently serving as Office Manager in

the District Employment and Training Office, Pudukkottai and has rendered continuous service in the Department since her reallocation, following her initial appointment as a Typist in 1994 for electoral roll revision work. Despite her long tenure and eligibility, the petitioner's seniority has not been fixed from 21.12.1994, as per G.O.(Ms)No.292, Personnel and Administrative Reforms (Personnel-B) Department, dated 02.04.1987. Therefore, the petitioner made several representations, including those dated 11.11.2024, 25.11.2024 and a detailed representation on 25.04.2025, seeking fixation of seniority and inclusion of her name in the Administrative Officer promotion panel for the year 2023-2024. However, no action has been taken by the respondents and her name has been unjustly omitted from the said panel. Hence, the present Writ Petition.

4. Heard both sides.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the

representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 25.04.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 18.06.2025 Index : Yes / No smn2

To:- 1.The Director, Department of Employment and Training (DET) Thiru. Vi.Ka. Industrial Estate, Alandur Road, Guindy, Chennai - 600 032.

2.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai 600 003.

3.The District Collector, Thanjavur District, Thanjavur.

4.The Assistant Director, District Skill Training Office (DET) Pudukkottai - 622 002.

VIVEK KUMAR SINGH , J.

smn2 18.06.2025