← Library
Madras High CourtWP(MD)/35428/2025disposed of

Ponnuchamy V v. The Agricultural Production Commissioner And Secretary To Government

2025-12-10Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.12.2025

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.35428 of 2025 V.Ponnuchamy ... Petitioner versus

1. The Agricultural Production Commissioner and Secretary to Government, Agriculture Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Agriculture, Agriculture Department, Chepauk, Chennai - 600 005.

3. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

(R3 is suo motu impleaded vide order dated 10.12.2025) ... Respondents 1/7

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to refix the scale of pay of the petitioner and revise the seniority of the petitioner on par with the batchmates who were selected and appointed in the year 2016 by considering the representation of the petitioner dated 04.11.2025 within the time period stipulated by this Court.

For Petitioner : Mr.T.Aswin Raja Simman For R1 and R2 : Mr.C.Venkatesh Kumar, Special Government Pleader For R3 : Mr.J.Anandha Kumar

ORDER

The petitioner is working as an Assistant Agriculture Officer in Ilayangudi Circle, Sivagangai District. He has filed this writ petition seeking a direction to the respondents 1 and 2 to refix his scale of pay and revise his seniority on par with his batchmates, who were selected and appointed in the year 2016, by considering his representation, dated 2/7

04.11.2025.

2. The learned counsel appearing for the petitioner submits that the petitioner belongs to MBC Category. He participated in the selection process for the post of Assistant Agriculture Officer in the year 2015, secured 286.75 marks and got selected. However, he has been kept under the reserve list as Serial No.3. While so, the women candidates have been appointed more than the percentage specifically reserved for them. Therefore, the petitioner filed a writ petition in W.P.(MD)No.2112 of 2016 challenging the selection list dated 18.01.2016. This Court, while entertaining the writ petition, has granted an interim order, directing the respondents to keep one post vacant for the petitioner. Thereafter, this Court, by order dated 22.12.

2022, allowed the writ petition, directing the respondents to grant appointment to the petitioner without disturbing the selection process. Challenging the same, a writ appeal in W.A.(MD)No.1129 of 2023 came to be filed by the Government and the Division Bench of this Court, by order dated 26.07.

candidature and appoint him, if he is selected. Thereafter, the petitioner was provisionally selected, vide order dated 29.01.2024 and was appointed on 08.02.2024. However, the petitioner's basic pay was fixed as Rs.20,600/- below the candidates, who have been selected in the year 2016. Therefore, the petitioner has submitted a representation to the respondents to re-fix the seniority and his scale of pay at par with batchmates, who have been selected and appointed in the year 2016. However, the said representation has not been considered till date. Therefore, the petitioner has filed this writ petition.

3. Mr.C.Venkatesh Kumar, learned Special Government Pleader, who takes notice for the respondents 1 and 2, submits that the representation of the petitioner was considered and the second respondent, by a letter dated 27.11.2025, made necessary recommendations to the Tamil Nadu Public Service Commission, since the seniority list has to be revised by the TNPSC. Based on the seniority list, they will refix the petitioner's scale of pay. 4/7

4. Considering the said submission, this Court suo motu impleads the Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai - 600 003, as 3rd respondent in this writ petition and directs the learned counsel Mr.J.Anandha Kumar, to take notice for the newly impleaded 3rd respondent.

5. Mr.J.Anandha Kumar, learned counsel appearing for the TNPSC, submits that the seniority list has to be drawn only by the Agriculture Department and not by TNPSC. He further submits that TNPSC can only furnish the details about the marks, which have been secured by the candidates in the year 2016, based on which, it is upto to the Agriculture Department to revise the seniority list.

6. Considering the rival submissions, this writ petition is disposed of with a direction to the 3rd respondent/TNPSC to take a call on the recommendations forwarded by the second respondent, in letter No.KaPaNi.1/3162/2024 dated 27.11.2025, by furnishing the details of the marks secured in the selection process in the year 2016, to the second respondent within a period of six weeks from the date of receipt of a 5/7

copy of this order. On receiving the same, the second respondent shall fix the seniority. While fixing the seniority, the second respondent shall take a call on re-fixation of scale of pay of the petitioner. No costs. 10.12.2025 ogy Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

To

1. The Agricultural Production Commissioner and Secretary to Government, Agriculture Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Agriculture, Agriculture Department, Chepauk, Chennai - 600 005.

3. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

6/7

B.PUGALENDHI, J.

ogy

ORDER

IN WP(MD) No.35428 of 2025 Date : 10/12/2025 7/7