IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.11.2025 CORAM:

THE HONOURABLE MR. JUSTICE T.VINOD KUMAR M.Paduvainathan ... Petitioner vs

1. The State of Tamil Nadu Represented by its Additional Chief Secretary to Government Home (Transport – II) Department, Secretariat, Chennai – 600 009.

2. The Transport Commissioner, Chepauk, Chennai – 600 005. … Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue Writ of Cetriorarified Mandamus, to call for the records of the impugned orders passed by the second respondent in proceedings br/K/M/vz;/ 47098lo; 1- 2018 (g/M/vz;/142/2019) ehs; 08/03/2019 and quash the same and consequently direct the first respondent to fix petitioner’s seniority at appropriate place in the list for promotion to the post of Regional Transport Officer for the year

2017-2018 based on the seniority determined by the Tamil Nadu Public Service Commission to the petitioner and accordingly, promote the petitioner to the post of Regional Transport Officer with all service and monetary benefits and pass orders.

For Petitioner : Mr.A.Ganesan For Respondents : Mrs.V.Yamunadevi Special Government Pleader

O R D E R

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents and perused the records.

2. The case of the petitioner in brief is that while he was appointed and as Motor Vehicle Inspector, Grade-II in Transport Department in August, 2001, through Tamil Nadu Public Service Commission (in short TNPSC), whereby, his seniority was fixed at Sl.No.10; that on the respondents taking up promotion to Motor Vehicle Inspector, Grade-I, for which one of the conditions is that, one must have services of total period of not less than four years in the post of Motor Vehicle Inspector, Grade - II, out of which, not less than one year should be in Flying Squad or in Checking Squad; that in the year 2006, when the second respondent is about to post him in Flying Squad/Checking Squad in order to comply with the said norms for a period of one year, as he had taken ill due to stomach hernia complaint and admitted in GEM Hospital, Coimbatore for surgery, he had requested the second respondent, by representation dated 04.05.2006, not to post him in the Enforcement Wing viz., Flying Squad/Checking Squad had then and post him in the next level; that the second respondent accepting the aforesaid representation, relaxed the compliance of one year period, by his letter dated 09.05.2006; and that the second respondent, while issuing the aforesaid letter, however, imposed the condition therein that he should not claim any original seniority and priority in the promotion of Motor Vehicle Inspector Grade - I on a later day.

3. It is the further case of the petitioner that thereafter, he was promoted to the Motor Vehicle Inspector Grade-I in the year 2009-10 under proceedings dated 06.10.2009; that though he was promoted as his seniority fixed as per TNPSC is not restored he had approached the second respondent and submitted the representation dated 25.11.2018, seeking restoration of his seniority; and that the second respondent, by impugned proceedings dated 08.03.2019, rejected the said representation. Aggrieved by the aforesaid rejection, the present Writ Petition is filed.

4. Counter affidavit on behalf of the respondents is filed.

5. The respondents, by the counter affidavit, contended that the petitioner himself having requested for relaxation for one year norm of service in Flying Squad/Checking Squad in the Motor Vehicle Inspector, Grade II and respondents having accepted the same, under proceedings dated 09.07.2006, imposing a condition that the petitioner should not claim original seniority at the time of promotion and the seniority will be fixed later, and the petitioner having accepted the said condition, cannot now backtrack.

6. By the counter affidavit, it is further contended that the aforesaid action of the petitioner in backtracking from the