Arulraj T v. The Additional Chief Secretary to Government
WP(MD)/16640/2026 · 2026-07-29
Mummineni Sudheer Kumar
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 58638 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 58638 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(MD) No.16640 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2026 CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD) No.16640 of 2026 and W.M.P.(MD) Nos.12380 & 12381 of 2026 T.Arulraj
... Petitioner -vs- 1.The Additional Chief Secretary to Government Home Department, Secretariat Fort St.George, Chennai-600 009 2.The Director General of Police Tamil Nadu Dr.Radhakrishnan Salai Mylapore, Chennai-600 004 3.The Superintendent of Police Tirunelveli District, Tirunelveli 4.The Superintendent of Police Kanyakumari District at Nagercoil ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to consider his representations dated 18.08.2023, 30.05.2025, 08.05.2026 and 02.06.2026 ____________ https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16640 of 2026 and pass suitable orders to revise his seniority in the posts of Administrative Officer in the panel 2016-2017 and Senior Administrative Officer for the year 2022-2023 by placing him just above his immediate junior Thiru.P.Xavier Seelan and to order concomitant service and other benefits within a specific time frame as fixed by this Court. For Petitioner : Mr.Veera Kathiravan, Senior Counsel assisted by Ms.W.Pamelin For Respondents : Mr.M.Dinesh Hari Sudarsan Counsel for the Government of Tamil Nadu O R D E R The petitioner herein, while working as Superintendent of Police, was involved in a criminal case vide Crime No.833 of 2013, which was taken cognizance in C.C.No.321 of 2016, on the file of the learned Judicial Magistrate No.1, Tirunelveli, and finally, the said criminal case ended in acquittal on 28.12.2016. 2. In view of registration of the said criminal case, the petitioner was placed under suspension and he was subjected to disciplinary proceedings under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and ____________ https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16640 of 2026 Appeal) Rules, 1955, vide PR No.136 of 2013. The said disciplinary proceedings, vide order dated 24.06.2022, concluded resulting in imposing a punishment of postponement of next increment for a period of two years, which shall operate to postpone his future increments. Aggrieved thereby, the petitioner filed an appeal before the Appellate Authority and the Appellate Authority, vide order dated 27.11.2022, modified the said punishment into a punishment of postponement of increment for a period of one year, which shall not operate to postpone his future increments. Aggrieved thereby, the petitioner claimed to have submitted a mercy petition before the second respondent.
The second respondent, vide proceedings bearing Roc.No. 4461681/APII(I)/2023, dated 28.04.2023, set aside the punishment imposed on the petitioner. 3. Thus, the petitioner claims that both the departmental proceedings and the criminal proceedings, that were pending against him, ended in his favour and because of the pendency of the said proceedings, the case of the petitioner has not been considered for promotion to the post of Administrative Officer during the panel year 2016-2017 during which his immediate junior was considered for promotion and the petitioner was extended the benefit of promotion to the post of Administrative Officer only for ____________ https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16640 of 2026 the panel year 2023-2024 vide proceedings dated 10.03.2025. Hence, the petitioner claimed to have submitted representations for extending the benefit of promotion to him to the post of Administrative Officer on par with his immediate junior, namely, P Xavier Seelan and the said representations were considered by the second respondent and appropriate recommendation has been made to the first respondent herein as early as on 03.08.2023. As no further steps have been taken by the first respondent, the petitioner has approached this Court by filing the present writ petition. 4. In response to the notice issued by this Court, Mr.M.Dinesh Hari Sudarsan, learned counsel for the Government of Tamil Nadu appearing for the respondents, placed before this Court a copy of the proceedings bearing Rc.No.004677/GB VI(1)/2023, dated 03.08.2023, wherein the second respondent herein made a recommendation to the first respondent for grant of notional promotion to the petitioner to the post of Administrative Officer from the panel year 2016-2017, during which his immediate junior was promoted to the post of Administrative Officer.
The second respondent appears to have addressed further letters dated 17.06.2026 and 27.07.2026 to the first respondent intimating that the petitioner is due to retire from service on attaining the age of superannuation by 31.03.2027 and therefore, requested ____________ https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16640 of 2026 for appropriate orders on the recommendation / proposal dated 03.08.2023 made by him. Thus, from perusal of the said proceedings dated 03.08.2023 and the subsequent reminder letterss, it is evident that the issue is pending before the first respondent since 03.08.2023 and no action has been taken, despite the recommendation made by the second respondent. 5. Mr.Veera Kathiravan, learned Senior Counsel appearing for the petitioner, submits that while keeping the recommendation / proposal of the second respondent pending with the first respondent, the respondents are taking steps to effect promotions to the post of Senior Administrative Officer, thereby, the petitioner is subjected to further prejudice and in case if no action is taken by the first respondent immediately on the recommendation / proposal made by the second respondent, then there is every possibility of the petitioner not being considered for further promotion to the post of Senior Administrative Officer. 6. Taking into consideration the above facts and circumstances of the case, this Court is of the considered view that there is absolutely no justification on the part of the first respondent to keep the recommendation / proposal of the second respondent vide proceedings dated 03.08.2023 pending ____________ https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16640 of 2026 for almost three years, without taking any decision thereon, especially, in the context that the petitioner was exonerated from the departmental proceedings as well as from the criminal proceedings, that were pending against him, and deprived of his promotion on par with his immediate junior, in view of the pendency of the said proceedings, which were ultimately ended in his favour. 7. Accordingly, this writ petition is allowed directing the first respondent to pass appropriate orders on the recommendation / proposal of the second respondent vide proceedings dated 03.08.2023, as expeditiously as possible, at any rate, before finalizing the panel for the post of Senior Administrative Officer for the panel year 2025-2026. No costs. Consequently, connected miscellaneous petitions are closed.
29.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No
krk To: 1.The Additional Chief Secretary to Government, Home Department, Secretariat, Fort St.George, Chennai-600 009. ____________ https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16640 of 2026 2.The Director General of Police, Tamil Nadu, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004. 3.The Superintendent of Police, Tirunelveli District, Tirunelveli. 4.The Superintendent of Police, Kanyakumari District at Nagercoil. ____________ https://www.mhc.tn.gov.in/judis
W.P.(MD) No.16640 of 2026 MUMMINENI SUDHEER KUMAR, J. krk W.P.(MD) No.16640 of 2026 and W.M.P.(MD) Nos.12380 & 12381 of 2026 29.07.2026 ____________ https://www.mhc.tn.gov.in/judis