WP No. 8985 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2025 CORAM THE HONOURABLE MS JUSTICE R.N.MANJULA WP No. 8985 of 2019 1. G.Sakthi Sivanandan Record Clerk (Retired) 388-0,Guru Garden church colony, Madhukarai, Coimbatore- 641105 Petitioner(s) Vs 1. The Secretary to Government Co- Optex Handicrafts Handloorm and Khadi (F-1) Department Fort.St.george chennai-9 2.The Inspector General of Registration 100, Santhome High Road chennai-28 3.The Principal Secretary/Commissioner Commercial Taxes Departement Chepauk chennai-5 Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus to quash the order passed by the 2nd Respondent bearing No 20895/K2/2014 dated 26-3-2018 refusing to https://www.mhc.tn.gov.in/judis WP No. 8985 of 2019 promote the petitioner to the post of Junior Assistant and directing the 2nd Respondent to grant all the benefits to the petitioner on Par with the persons similarly situate in commecial Taxes Department as per the G.O(D) No. 234 Commercial taxes and Registration (A2) Departemnt dated 23-5-2017 and considering his 16 years of Service In Tamil nadu Khadi and Village Industries Board before Joining Registration Departement and other benefits lawfully due to him as per the Service Rules and Grant such other relief or reliefs. For Petitioner(s): M/s.S.Baskaran For Respondent(s): M/s. A.M.Ayyadurai Government Advocate for R1 and R2 Mrs.K.Vasanthamala Government Advocate for R3 ORDER This writ petition has been filed to quash the order passed by the 2nd Respondent bearing No 20895/K2/2014 dated 26-3-2018 and direct the 2nd Respondent to grant all the benefits to the petitioner on Par with the persons similarly situated in Commercial Taxes Department as per the G.O(D) No. 234 Commercial taxes and Registration (A2) Department dated 23-5-2017 and considering his 16 years of Service in Tamil Nadu Khadi and Village Industries Board before Joining Registration Department and other benefits lawfully due to him as per the Service Rules. 2. The petitioner who was the erstwhile employee of Tamil Nadu Khadi Village Industries Board has been absorbed in accordance with the guidelines https://www.mhc.tn.gov.in/judis WP No. 8985 of 2019 issued in G.O.Ms.No.125 Co-optex, Handicrafts Handloom and Khadi (F1) Department, dated 02.09.2010. As per the above Government Order, 77 surplus staffs of Khadi Board has been absorbed in Commercial Tax Department and 150 persons were absorbed in Registration Department as Record Clerks. The petitioner was appointed as Record Clerk in Sub-Registrar, Mylapore on 22.02.2011 in pursuant to the above order issued in G.O.Ms.No.125 Co-optex, Handicrafts Handloom and Khadi (F1) Department, dated 02.09.2010. On 22.03.2012 the second respondent regularized the services of the petitioner with effect from 22.02.2011. 3. After joining the service the petitioner has not been paid with special grade pay as was given to the works joined in the Commercial Tax Department. The petitioner has worked for five years in the Registration Department and his entire service without any promotion. His representation given in this regard on 21.01.2012 has not been considered and so far the petitioner has not been given with any promotion. 4. Mr.S.Baskaran, the learned counsel for the petitioner, attracted the attention of this Court to the Government Order in G.O.Ms.(D)No.234 Commercial Taxes and Registration (A2) Department dated 23.05.2017, which relax the qualifying service of five years from seven years by amending Rule 3(g)(iii) and 3(g)(iv) of Tamil Nadu Subordinate Service Rules and promoted 178 persons who have completed five years as Record Clerks to the post of https://www.mhc.tn.gov.in/judis WP No. 8985 of 2019 Junior Assistant in Commercial Tax Department. It is further submitted that there are 124 vacancies in the cadre of Junior Assistant in the Registration Department but no orders has been issued so far to persons like the petitioner for promoting them to the post of Junior Assistant. 5. Mr.A.M.Ayydurai, the learned Government Advocate for the respondents 1 and 2, submitted that the petitioner had joined as Record Clerk on 22.02.2011. As he had not completed 7 years of service as Record Clerk as on the crucial date of 2012-2013 panel of Junior Assistant dated 15.03.2012, the petitioner's name cannot be included in the panel. As the petitioner has not joined before the year 2006, no preferential treatment can be given to the petitioner in the matter of promotion. He further submitted that the above Government Order is applicable only for those persons who are working in Commercial Tax Department and not for the Registration Department. 6. There is no concrete denial of the fact that there are some 124 vacancies in the post of Junior Assistant. As the petitioner is said to have joined as early as in the year 2011 as Record Clerk and he has got more than 5 years of qualifying service for promoting to the next level post of Junior Assistant as per G.O.Ms.(D)No.234 Commercial Taxes and Registration (A2) Department dated 23.05.2017, the petitioner's name could have been considered favourably. But so far the petitioner has not been considered for promotion which is not legal. https://www.mhc.tn.gov.in/judis WP No. 8985 of 2019 7. In view of the above discussion, the impugned order is liable to be quashed and second respondent should be directed to issue orders for promotion to the post of Junior Assistant. 8. Accordingly, the Writ Petition is allowed and the order passed by the second respondent in No.20895/K2/2014 dated 26-3-2018 is hereby quashed and the second respondent is directed to issue order to promote the petitioner to the post of Junior Assistant, within a period of four weeks from the date of receipt of a copy of this order. No costs. 29-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No bkn To 1.The Secretary to Government Co- Optex Handicrafts Handloorm and Khadi (F-1) Department Fort.St.george chennai-9 2.The Inspector General of Registration 100, Santhome High Road chennai-28 3.The Principal Secretary/Commissioner Commercial Taxes Departement Chepauk chennai-5 https://www.mhc.tn.gov.in/judis WP No. 8985 of 2019 R.N.MANJULA J. bkn WP No. 8985 of 2019 29-04-2025 https://www.mhc.tn.gov.in/judis