Madras High CourtWP(MD)/2986/2017dismissed

A.Antonisamy v. The Director Of Rural

2025-12-08Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2025

CORAM

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR WP(MD) No. 2986 of 2017 A.Antonisamy (Retd.Deputy Block Development Officer) No.17-8-2 Teachers Colony Kamarajapuram Batlagundu 624 202 Dindigul District .....Petitioner Vs 1.The Director of Rural Development Department Panagal Building Saidapet, Chennai 600 015 2.The District Collector District Collector Office Dindigul ....Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to give notional promotion to the petitioner in the post of Block Development Officer on the basis of the letter of the first respondent, Director of Rural Development, Chennai dated 21.10.2011 Na.Ka.No.7789/2011/C-1 directing the second respondent, District Collector, Dindigul for including the petitioner's name in the seniority list of 21.12.2014 and secondly to direct the second respondent to refix seniority of the petitioner in the cadre of Assistant on the basis of his having finished 5 ingredients within 5 years from the date of his appointment 1/5

and consequently to refix his seniority in the cadre of Deputy Block Development Officer with all attended benefits including notional promotion to the cadre of Block Development Officer and revised pensionary benefits. For Petitioner : M/s.J.Padhmaavathi Devi For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

The present writ petition has been filed seeking a mandamus as against the respondents to give notional promotion to the petitioner in the place of Block Development Officer on the basis of the letter of the first respondent dated 21.10.2011 directing the second respondent for including the petitioner's name in the seniority list of 21.12.2014. The petitioner had further prayed for directing the second respondent to refix the seniority of the petitioner in the cadre of Assistant on the basis of his having finished 5 ingredients within 5 years from the date of his appointment. He had further prayed to refix his seniority in the cadre of Deputy Block Development Officer with all attended benefits including notional promotion to the cadre of Block Development Officer and revised pensionary benefits. 2.From the records, it could be seen that the petitioner was initially appointed as Junior Assistant on 29.01.1998 and his probation was declared on 31.05.2002. The petitioner was promoted as Assistant on 03.04.2003. A 2/5

panel was prepared in the year 2008 for promoting the Assistants as Deputy Block Development Officer. The petitioner's name was included. However, his name was overlooked. The petitioner has not chosen to challenge overlooking of his name in the year 2008 panel. The petitioner herein was ultimately included in the panel in the year 2014 and was promoted as Deputy Block Development Officer on 09.05.2014. The petitioner has attained superannuation in the year 2016. Thereafter, the present writ petition has been filed.

3.The facts and events narrated above will clearly indicate that the petitioner is attempting to revive a stale claim. He has not chosen to challenge the overlooking of his name in the year 2008. The petitioner has chosen to accept the promotion granted to him as Deputy Block Development Officer in the year 2014 and has attained superannuation in the year 2016. The present writ petition has been filed one year after the date of retirement. In such circumstances, it is clear that the present writ petition seeking a mandamus without challenging the promotion of any of the juniors would clearly not maintainable.

4.The learned Additional Government Pleader had brought to the notice of the Court that the petitioner had already filed WP(MD).No.15221 of 2020 seeking notional promotion as an Assistant Director. The said writ petition was dismissed on 16.11.2020 and it has reached its finality. Any 3/5

order passed in this writ petition would clearly be in conflict with the order passed in WP(MD).No.15221 of 2020.

5.In view of the above said deliberations, there are no merits in the writ petition and the same stands dismissed. No costs. 08.12.2025 Internet : Yes/No Index : Yes/No NCC : Yes/No msa To 1.The Director of Rural Development Department Panagal Building Saidapet, Chennai 600 015 2.The District Collector District Collector Office Dindigul 4/5

R.VIJAYAKUMAR, J.

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