Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 55146 (MAD)

A.Senthamil Selvi v. The Registrar General

WP(MD)/16779/2026 · 2026-07-20

C V Karthikeyan, R Sakthivel

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD)No.16779 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2026 CORAM THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN AND THE HON'BLE MR JUSTICE R.SAKTHIVEL WP(MD) No.16779 of 2026 A.Senthamil Selvi D/o. Arumugam, No.75, Balakrishnan East Street, Tirunelveli Town, Tirunelveli - 627 006. ... Petitioner - Vs. - 1. The Registrar General High Court of Madras, Chennai - 600 104. 2. The State of Tamilnadu, Rep By its Secretary to Government,, Home (Courts) Department, Fort St.George, Chennai - 600 009. 3. The Principal District Judge, District Court Campus, Tirunelveli. ... Respondents https://www.mhc.tn.gov.in/judis WP(MD)No.16779 of 2026 Prayer in WP(MD). 16779/ 2026 :Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the 3rd Respondent in A.I.R. No.15771/2025 dated 11.09.2025 and quash the same consequently direct the Respondents to promote the petitioner as Assistant with effect from the date of promotion of his juniors on 01.08.2018 with the consequential promotions on par with her junior with other attendant service benefits. For Petitioner : Mr.V.Sasikumar For Respondents : Mr.Mahaboob Athiff for R1 and R3 Mr.S.I.Muthiah for R2 Counsel for State ORDER (Order of the Court was made by C.V.KARTHIKEYAN, J.) The writ petition has been filed in the nature of Certiorarified Mandamus seeking the records relating to an order passed by the third respondent/III Additional Principal District Judge, Tirunelveli in A.I.R.No. 15771/2025 dated 11.09.2025 and to quash the same. Page 2 of 6 https://www.mhc.tn.gov.in/judis WP(MD)No.16779 of 2026 2. The petitioner seeks promotion as Assistant with effect from the date of promotion of her juniors on 01.08.2018 and for consequential promotions on par with her juniors and also for attendant service benefits. The petitioner had been selected by the Tamil Nadu Public Service Commission and appointed as Typist on 31.07.2015 and allotted to the Judicial service. As per TNPSC seniority, the petitioner was placed above M.Nagarani. The petitioner was allotted Tirunelveli District and joined duty at Principal District Court, Tirunelveli only on 09.10.2015, after the delivery of a child. By proceedings of the third respondent dated 10.08.2017 and 11.08.2017, her services were regularized with effect from 19.10.2015, but, however, her seniority was placed below M.Nagarani on the basis of the date of joining. The petitioner again availed maternity leave. She then passed all the test and examinations for holding promotional posts. But her probation was delayed and she was declared as approved probationer in the post of Typist by order dated 02.08.2018 with effect from 16.07.2018. 3. The petitioner claims that she should have been promoted on par with her junior. She was promoted as an Assistant only by order dated 16.10.2018. Claiming that she had been prejudiced by not promoting her to https://www.mhc.tn.gov.in/judis WP(MD)No.16779 of 2026 the post of Assistant on par with the junior, she had made a representation, in which, orders had been passed by the third respondent/Principal District Judge, Tirunelveli. 4. As against the said order, Rule 66 of the Tamil Nadu Government Servants (Condition of Service) Rules, appended to the Government Servants (Condition of Service) Act, 2016 provides for an appeal to the appropriate authority even if there is no specific provision granted for appeal. This omni bus provision of appeal had been provided only to ensure that the affected individuals do not approach the Court or Tribunal, without exhausting the appellate remedy. In the instant case, the petitioner had a right of appeal before the High Court Administrative Head/the Registrar General. Thus, provided that such appeal is filed within a period of thirty days, the delay in filing the appeal can be condoned. The petitioner may file necessary appeal on or before 07.08.2026 and if so filed, the issue of limitation should not be put against the petitioner herein. If filed, the appellate authority shall examine the appeal on merits in accordance with law. Page 4 of 6 https://www.mhc.tn.gov.in/judis WP(MD)No.16779 of 2026 5. The writ petition stands disposed of in the above terms. No costs. (C.V.K.,J.) (R.S.V,J.) 20.07.2026 Note: The learned counsel for the petitioner had sought for return of original impugned order. The learned counsel may file a memo for return of the original impugned order. On filing such memo and on producing a copy for substitution, Registry may return the original impugned order. RR To 1. The Registrar General High Court of Madras, Chennai - 600 104. 2. The Secretary to Government,, Home (Courts) Department, Fort St.George, Chennai - 600 009. 3. The Principal District Judge, District Court Campus, Tirunelveli. Page 5 of 6 https://www.mhc.tn.gov.in/judis WP(MD)No.16779 of 2026 C.V.KARTHIKEYAN, J. AND R.SAKTHIVEL, J. WP(MD) NO.16779 OF 2026 20.07.2026 https://www.mhc.tn.gov.in/judis