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2026 DAILYLAW 54006 (MAD)

E. Balassoupramanien v. Union of India

WP/28080/2026 · 2026-07-20

P T Asha

Transfer Petitionbody2026

Judgment text

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WP No. 28080 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 28080 of 2026 E. Balassoupramanien ..Petitioner(s) Vs 1. Union of India Rep by its Chief Secretary, Chief Secretariat, Government of Puducherry, Puducherry 605 001 2. The Secretary to Government Department of personnel and Administrative Reforms, Chief Secretariat, Government of Puducherry, Puducherry 605 001 3. The Principal Pondicherry Engineering College, Puducherry 605 001 4. The Secretary to Government (Education) Cum pro chancellor, Puducherry Technological University, Chief Secretariat, Government of Pondicherry, Puducherry 605 001 https://www.mhc.tn.gov.in/judis WP No. 28080 of 2026 __________ Page2 of 6 5. The Vice Chancellor Puducherry Technological university, Puducherry 605 014 6. The Director cum Member Secretary Higher and Technical education Lwaspet, Government of Puducherry, puducherry 605 008 ..Respondent(s) Prayer: -Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus Direct the respondents to grant notional promotion to the petitioner to the post of Mechanic in the respondent University along with consequential benefits by considering his representation dated 19.12.2025. For Petitioner(s): Mr.D.Sreenivasan For Respondent(s): Mr.R.Syed Mustafa, (SPL.GP, Pondicherry) ORDER This Writ Petition has been filed for the following reliefs:- “Direct the respondents to grant notional promotion to the petitioner to the post of Mechanic in the respondent University along with consequential benefits by considering his representation dated 19.12.2025.. 2. The petitioner had joined the service in Pondicherry Engineering College as an NMR (Nominal Muster Roll) employee with effect from 02.02.1987 and was subsequently regularized as a Group 'D' Helper with effect https://www.mhc.tn.gov.in/judis WP No. 28080 of 2026 __________ Page3 of 6 from 10.05.1993. A final seniority list of Helpers was issued on 13.01.2000, wherein the petitioner's name was placed at Sl. No. 66, thereby recognizing his seniority in the cadre. 3. The petitioner would submit that under the Career Advancement Scheme applicable to Group 'D' employees, he was granted the next higher pay scale with effect from 19.10.2001. Thereafter, he was promoted from the post of Helper to the post of Lab Attendant on 07.02.2014 pursuant to the recommendations of the Departmental Promotion Committee. The petitioner was subsequently granted the second financial upgradation under the Modified Assured Career Progression (MACP) Scheme with effect from 17.07.2015. 4. The petitioner would submit that being fully eligible and qualified for promotion to the post of Mechanic, he submitted representations dated 23.07.2015, 09.12.2016, 03.11.2017 and 06.03.2019 requesting the respondents to consider his case for promotion to the post of Mechanic against the available vacancies. However, the respondents failed to take any action on the said representations. Thereafter, the petitioner submitted further representations dated 15.02.2024 and 20.08.2025 seeking promotion, or in the alternative, notional promotion to the post of Mechanic with retrospective effect, relying upon his eligibility, long years of service, and the existence of vacancies. https://www.mhc.tn.gov.in/judis WP No. 28080 of 2026 __________ Page4 of 6 Despite the availability of vacancies and the Petitioner's eligibility for promotion, the respondents failed to consider his case for promotion to the post of Mechanic during his service tenure. 5. Thereafter, the petitioner retired from service on 31.01.2026 without his claim for promotion to the post of Mechanic having been considered. This Court by order dated 22.01.2026 in W.P. No. 11632 of 2013, held that an eligible employee may be granted notional promotion from the crucial date with all attendant service benefits, though without entitlement to arrears of salary. Despite the said order of this Court and the petitioner's repeated representations, the last of which was dated 31.01.2026 seeking promotion/notional promotion to the post of Mechanic with retrospective effect, the respondents failed to consider the same. Hence, the present Writ Petition. 6. Heard the learned counsel on either side and perused the records. 7. Considering the limited relief sought by the petitioner and in the absence of any serious objection from the learned counsel appearing for the respondents, this Court, without going into the merits of the case, directs the 5th respondent to consider and pass appropriate orders on the petitioner's representation dated 19.12.2025, taking into account the order passed by this Court in WP.No.14216 of 2004 dated 09.11.2021, on merits and in accordance https://www.mhc.tn.gov.in/judis WP No. 28080 of 2026 __________ Page5 of 6 with law within a period of six months from the date of receipt of a copy of this order. 8. Accordingly, the writ petition is disposed of. No costs. 20-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR To 1. Union of India Rep by its Chief Secretary, Chief Secretariat, Government of Puducherry, Puducherry 605 001 2. The Secretary to Government Department of personnel and Administrative Reforms, Chief Secretariat, Government of Puducherry, Puducherry 605 001 3. The Principal Pondicherry Engineering College, Puducherry 605 001 4. The Secretary to Government (Education) Cum pro chancellor, Puducherry Technological University, Chief Secretariat, Government of Pondicherry, Puducherry 605 001 5. The Vice Chancellor Puducherry Technological university, Puducherry 605 014 6. The Director cum Member Secretary Higher and Technical education Lwaspet, Government of Puducherry, puducherry 605 008 https://www.mhc.tn.gov.in/judis WP No. 28080 of 2026 __________ Page6 of 6 P.T.ASHA J. SHR WP No. 28080 of 2026 20-07-2026 https://www.mhc.tn.gov.in/judis