Tamil Nadu Highways Department v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Tamil Nadu Highways Department, Diploma Engineers Association, (Registration Number 189 of 2023) Represented by its Secretary, 3/690-3, Old Sivakasi Road, Virudhunagar - 626 001.

... Appellant/Petitioner vs.

1.The Government of Tamil Nadu, Represented by its Secretary to Government, Highways and Minor Ports Department, Fort St. George, Chennai - 600 009.

2.The Director General, Highways Department, 79, Sardar Patel Road, Guindy, Chennai - 600 002.

... Respondents/Respondents 1/5

PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 23.09.2025 made in W.P(MD)No.25468 of 2025 on the file of this Court.

For Appellant : Ms.M.Padmavathy For Respondents : Mr.P.T.Thiraviam Government Advocate

JUDGMENT

[Judgment of the Court was made by N.SATHISH KUMAR, J.) The writ appeal has been filed challenging the order passed by the learned Single Judge in W.P(MD)No.25468 of 2025 dated 23.09.2025, whereby the writ petition came to be dismissed. 2.Heard the learned counsel appearing on either side. 3.The appellant/writ petitioner sought issuance of a writ of Mandamus directing the respondents to publish the clear vacancies in each category of engineers in the respondent Department, along with the list of engineers to be transferred, once every year, and to effect such transfers in 2/5

accordance with the guidelines and procedures stipulated in G.O.Ms.No.10, Personnel and Administrative Reforms (Per.S) Department, dated 07.01.1994.

4.The grievance of the writ petitioner is that the said Government Order has not been strictly followed and, therefore, a direction is sought for the annual publication of the list of persons to be transferred. 5.The learned Single Judge, upon considering all the aspects, has observed that if any transfer has been effected in violation of the said Government Order, it is open to the individual aggrieved to challenge the same in the manner known to law.

6.In such view of the matter, we are also of the considered opinion that an association cannot seek such a relief on the ground of violation of the Government Order. It is for the individuals, whose rights are alleged to have been violated, to approach the Court. 3/5

7.We do not find any merit in the writ appeal. Accordingly, the Writ Appeal is dismissed. No costs.

[N.S.K.,J.] [M.J.R.,J.] 23.03.2026 NCC : Yes / No Index : Yes / No ps To 1.The Government of Tamil Nadu, Represented by its Secretary to Government, Highways and Minor Ports Department, Fort St. George, Chennai - 600 009.

2.The Director General, Highways Department, 79, Sardar Patel Road, Guindy, Chennai - 600 002.

4/5

N.SATHISH KUMAR ,J.

and M.JOTHIRAMAN,J.

ps ORDER MADE IN DATED : 23.03.2026 5/5