Bharathi S v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)No.15083 of 2025 S.Bharathi ... Petitioner -vs1.The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The State of Tamil Nadu, Represented by its Secretary, Human Resources Management Department, Secretariat, Fort St. George, Chennai - 600 009.

3.The Secretary, Tamil Nadu Public Service Commission, Chennai - 600 003.

4.The Director of Medical and Rural Health Services, Directorate of Medical and Rural Health Services, DMS Campus, Teynampet, Chennai - 600 006.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the fourth respondent from effecting any promotion for the post of Junior Administrative Officer based on the seniority list as published by the fourth respondent on 04.07.2025 without considering the objections raised by the petitioner dated 05.07.2025 and 09.07.2025. For Petitioner : Mr.K.Jeyamohan For R1, R2 and R4 : Mr.K.Balasubramani Special Government Pleader For R3 : Mr.J.Anandkumar Standing Counsel

ORDER

This Writ Petition is filed seeking to forbear the fourth respondent from effecting any promotion to the post of Junior Administrative Officer based on the seniority list published on 04.07.2025, without considering the objections raised by the petitioner on 05.07.2025 and 09.07.2025.

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

3. The petitioner submits that she was directly recruited through the Tamil Nadu Public Service Commission (TNPSC) for the post of Junior Assistant in the 1998-1999 Group IV services recruitment and due to non-availability of vacancies in the initially allotted Panchayat Development Department, she was reallotted and joined duty on 27.06.2001 in the Medical and Rural Health Services Department. Though she was placed at Sl.No.30 in the revised seniority list issued by TNPSC on 22.02.2017, the fourth respondent has not revised the departmental seniority accordingly from the post of Junior Assistant in compliance with the order of this Court in W.P.(MD)Nos.2759 & 2760 of 2008, dated 04.02.2011. Instead, the revision was wrongly made from the post of Assistant, resulting in the petitioner being placed below her juniors.

Despite repeated representations, including one dated 19.11.2024 and a pending writ petition in W.P.(MD)No.6900 of 2025, seeking correction of seniority and promotion based on the TNPSC revised list, the fourth respondent issued a fresh seniority list on 04.07.2025 that does not reflect the TNPSC revision. The petitioner filed objections on 05.07.2025 and 09.07.

the erroneous list. Aggrieved over the same, the petitioner has filed the present Writ Petition, seeking to forbear the fourth respondent from proceeding with the promotions without considering her objections dated 05.07.2025 and 09.07.2025.

4. Heard both sides.

5. Considering the facts and circumstances of the case, there shall be a direction to the fourth respondent herein to consider the petitioner's objections dated 05.07.2025 and 09.07.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner as well as all other persons, who may be interested in the subject matter, 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 fourth respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes / No 21.07.2025 Index : Yes / No smn2

To:- 1.The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Secretary, State of Tamil Nadu, Human Resources Management Department, Secretariat, Fort St. George, Chennai - 600 009.

3.The Secretary, Tamil Nadu Public Service Commission, Chennai - 600 003.

4.The Director of Medical and Rural Health Services, Directorate of Medical and Rural Health Services, DMS Campus, Teynampet, Chennai - 600 006.

VIVEK KUMAR SINGH , J.

smn2 21.07.2025