BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Orders Reserved on : 10.11.2025 Orders Pronounced on : 26.11.2025 CORAM THE HONOURABLE MR. JUSTICE K.KUMARESH BABU WP(MD). No.13655 of 2025 and W.M.P(MD).No.12089 of 2025 R.Sivakami, ... Petitioner Vs

1. The Principal Secretary to Government, Rural Development and Panchayat Raj Department, Chennai..

2. The Commissioner of Rural Development and Panchayat Raj, Panagal Buidling, Saidapet, Chennai - 600015..

3. The District Collector, Pudukottai.. ... Respondents PRAYER :- Writ Petition, 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 impugned proceedings of the third respondent in Na.Ka.No. 7624/2024/P6 (Development) dated 26.04.2025 and quash the same and consequently direct the respondents herein to post the petitioner as Assistant Executive Engineer in any suitable place, by retaining her seniority in the post of Assistant Executive Engineer, above her juniors in their entry into service.

For Petitioner : V.R.Shanmuganathan For Respondents : M/S.P.B.Ahamed Yasmin Parvin Government Advocate

ORDER

The writ petition has been filed calling for the records relating to the impugned proceedings of the third respondent in Na.Ka.No. 7624/2024/P6 (Development) dated 26.04.2025 and quash the same and consequently direct the respondents herein to post the petitioner as Assistant Executive Engineer in any suitable place, by retaining her seniority in the post of Assistant Executive Engineer, above her juniors in their entry into service.

2. The learned counsel for the petitioner submitted that the petitioner had joined service as a Assistant Engineer and now has been promoted as Assistant Executive Engineer at Annavasal Sub Division, Pudukottai District. However, the petitioner was relieved from service by proceedings of the second respondent dated 06.01.2025 and by the same order 56 persons were promoted as Assistant Executive Engineer, based on the revised seniority and she was also relieved without any instructions. When on enquiry, it was revealed that the disciplinary proceedings is pending against her.

3. He further submitted that even as per the revised list, the petitioner is entitled to be promoted as a Assistant Executive Engineer. The people in seniority list upto Serial No.140 had already been given promotion and the petitioner's seniority number is 173 and in between 140-173 there are about 15 employees, who are not in service currently. He further submitted that seniority panel list for the years 2021-2022, 2022-2023, 2023- 2024 were not published. Based on the vacancies in those years, the petitioner would have been allowed to continue in service as an Assistant Executive Engineer. The panel had been prepared for the years 2021- 2022 and 2022-2023 and the petitioner would have been promoted and the subsequent charge memo, which was given on

27.10.2023 would not have been an embargo against the petitioner.

4. The petitioner had also taken medical leave from 06.01.2023 and she had also filed a writ petition in W.P(MD).No.7983 of 2025, seeking for a mandamus directing the respondents to post the petitioner as Assistant Executive Engineer in any suitable place by retaining her seniority in the said post. When the matter was taken up for hearing, it was reported that since the petitioner was on medical leave, no posting could be given to her. Hence, the petitioner had revoked her medical leave and reported to duty. However, when the matter was taken up for hearing, on 28.04.2025, the learned counsel for the petitioner had produced the proceedings dated 26.04.2025, reverting the petitioner as Assistant Engineer, which has now been challenged by the petitioner in this writ petition.

5. The learned counsel for the petitioner submitted that even as per the revised seniority list, the petitioner is entitled to be promoted as Assistant Executive Engineer for the panel in the years 2021- 202