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2026 DAILYLAW 50119 (MAD)

K.SIVAKUMAR v. Tamil Nadu Civil Supplies Corporation

WP/26516/2026 · 2026-07-10

P T Asha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 26516 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 26516 of 2026 K.Sivakumar ..Petitioner(s) Vs 1. Tamil Nadu Civil Supplies Corporation, Rep. By Its Chairman and Managing Director No.25, Thambusamy Road, Kilpauk, Chennai 600.010. 2. The General Manager (Administration) Tamil Nadu Civil Supplies Corporation No.25, Thambusamy Road, Kilpauk, Chennai 600.010. 3. The Commissioner, Welfare of The Differently Abled Association No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai-600 005. 4. The Regional Manager, Tamil Nadu Civil Supplies Corporation, No. 62 and 63, Harihara Vinayagar Temple Street, Tenkasi District-627 811. ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to consider the petitioners representation dated 11.02.2026 to give promotion to the post of Assistant with effect from the date of completion of 3 years of service as Junior Assistant on 17.02.2019 in view of order dated 12.08.2025 made in W.P.No.30387 of 2025 with all consequential benefits and arrears. https://www.mhc.tn.gov.in/judis WP No. 26516 of 2026 __________ Page2 of 5 For Petitioner(s): Mr.S.Esairani Narasimman For Respondent(s): Mr.C.Selvaraj, Standing Counsel ORDER This Writ Petition has been filed for the following reliefs:- “directing the respondents to consider the petitioners representation dated 11.02.2026 to give promotion to the post of Assistant with effect from the date of completion of 3 years of service as Junior Assistant on 17.02.2019 in view of order dated 12.08.2025 made in W.P.No.30387 of 2025 with all consequential benefits and arrears.” 2. The case of the petitioner is that he is a Differently Abled Person with 40% disability. He was appointed as Watchman in the Sub Regional Office, Tamil Nadu Civil Supplies Corporation Ltd, Mayiladuthurai on 17.02.1995, and thereafter, he was promoted to the post of Junior Assistant on 18.02.2016, and he continued in the said post for more than 31 years. His next avenue of promotion is to the post of Assistant. As per the Employees Service Regularization 1989, the qualification prescribed for promotion to the post of Assistant was that, the one who seeks promotion to the post of Assistant, should have served in the post of Junior Assistant for three years. According to the petitioner, he had completed his three years of service as Junior Assistant as early as on 17.09.2019 and since then, he came within the zone of consideration https://www.mhc.tn.gov.in/judis WP No. 26516 of 2026 __________ Page3 of 5 for the post of Assistant. Therefore, the petitioner had submitted his detailed representation to the respondents on 27.08.2024, seeking promotion to the post of Assistant and the same was not considered. 3. It was brought to the notice of the Court that a similarly aggrieved person had approached this Court in W.P.No.9827 of 2011, and had obtained favourable orders of this Court. The respondent-Corporation though had preferred an appeal in W.A.No.792 of 2021, challenging the orders of this Court in W.P.No.9827 of 2011, later complied with the orders in W.P.No.9827 of 2011, in and by which, the claim of the workman therein was given effect to. Further, this Court, by order dated 12.08.2025 in W.P. No. 30387 of 2025, granted the very same relief to another similarly placed person. 4. Therefore, the petitioner herein who seeks a similar relief, had submitted yet another representation to the respondents 29.10.2024. The petitioner would also submit that the respondents have not considered his request/representation he presumes it, may be on the ground that he had not cleared his Commercial Book Keeping Test. To this, he has drawn reference to G.O.Ms.No.11 (Welfare of the Differently Abled Persons Department (WDP~3.1) dated 13.08.2024, wherein the persons with disability are exempted from passing the Commercial Book Keeping Test. He had also submitted that https://www.mhc.tn.gov.in/judis WP No. 26516 of 2026 __________ Page4 of 5 his juniors have been promoted to the post of Assistant in the year 2023 overlooking his seniority. 5. Citing the above details, the petitioner had submitted a representation to the respondents even on 11.02.2026. Since the respondents have not taken any action on it, the petitioner is before this Court. 6. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 7. Considering the facts and circumstances of the case and also taking note of the fact that this Court on an earlier occasion, had considered a similar claim and passed favourable orders, the writ petition is allowed and a mandamus is issued to the respondents to consider the representation of the petitioner dated 11.02.2026, and pass speaking orders in the manner known to law, within a period of three months from the date of receipt of a copy of this order, taking into consideration the favourable orders passed in respect of a similarly placed person. No costs. 10-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR https://www.mhc.tn.gov.in/judis WP No. 26516 of 2026 __________ Page5 of 5 P.T.ASHA J. SHR To 1. Tamil Nadu Civil Supplies Corporation, Rep. By Its Chairman and Managing Director No.25, Thambusamy Road, Kilpauk, Chennai 600.010. 2. The General Manager (Administration) Tamil Nadu Civil Supplies Corporation No.25, Thambusamy Road, Kilpauk, Chennai 600.010. 3. The Commissioner, Welfare of The Differently Abled Association No.5, Kamarajar Salai, Lady Wellington College Campus, Chennai-600 005. 4. The Regional Manager, Tamil Nadu Civil Supplies Corporation, No. 62 and 63, Harihara Vinayagar Temple Street, Tenkasi District-627 811. WP No. 26516 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis