BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:14.11.2025 CORAM THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P(MD)Nos.20342 of 2019 and 8092 of 2020 K.Natarajan ... Petitioner Vs.

1.The State of Tamil Nadu Rep by its Secretary to Government, Labour and Employment Department, Secretariat, Chennai-600 009.

2.The Commissioner of Labour, Teynampet, Chennai-600 006.

3.The Assistant Commissioner of Labour(Enforcement)

No.66.J, Thondi Road, Sivagangai, Sivagangai District.

4.The Stamping Inspector, No.66.J, Thondi Road, Sivagangai, Sivagangai District.

5.The Accountant General(A&E)

Anna Salai, Teynampettai, Chennai-600 018.

6.Mr.G.Palani Retired Deputy Inspector of Labour (Retired on 31.05.2018)

Ranipet, Vellore District

7.Mr.S.Mathivanan Retired Labour Officer(SSS)

(Retired on 31.07.2017)

Pudukottai, Pudukkottai District. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records related to the Order No.E2/21333/2019 dated 05.08.2019 passed by the 2^nd respondent and quash the same and consequently direct the respondents to promote the petitioner as Deputy Inspector of Labour with effect from 22.05.2012 and Labour Officer from October 2016 on par with petitioner's junior ie., 6^th and 7^th respondents respectively and grant all the service, monetary and revised pensionary benefits within a time limit to be fixed by this Court.

For Petitioner : Mr.A.Thirumurthy For R1 to R4 : Mr.J.Ashok, Additional Government Pleader For R5 : Mr.P.Gunasekaran *****

ORDER

The present writ petition has been filed challenging the rejection order dated 05.08.2017, in and by which, the petitioner's prayer for notional promotion was denied.

2.Heard Mr.A.Thirumurthy, learned counsel appearing for the petitioner, Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents 1 to 4 and Mr.P.Gunasekaran, learned counsel appearing for the fifth respondent.

3.The learned counsel for the petitioner would submit that the petitioner joined in the respondent Department as a Junior Assistant during 1985 and he got promotion to the post of Assistant and he was again promoted as Superintendent and thereafter he was posted as Assistant Inspector of Labour. When he was serving as Assistant Inspector of Labour, during 2006, he was involved in a criminal case, and the said criminal case subsequently ended in acquittal in S.C.No.3 of 2014 vide order dated 30.03.2015 on the file of Chief Judicial Magistrate, Theni. It is the specific submission of the petitioner that the sixth respondent, who was the immediate junior, was promoted to the post of Deputy Inspector of Labour on 22.11.2012 and that the petitioner was not considered for the above post as he was facing criminal charges. The learned counsel appearing for the petitioner would submit that since the criminal case was subsequently acquitted, he must be promoted notionally on par with his immediate junior viz., the sixth respondent. It is the further submission of the petitioner that though he was imposed with the punishment of compulsory retirement on 05.12.2019 on account of the subsequent charge of bigamous marriage, he was eligible to be considered for the next level post of Labour Officer as there was no charge pending on the crucial date against him. Hence, prayed to interfere with the impugned order.

4.Per contra, the said contention was stoutly objected by the learned Additional Government Pleader, and would contend that since the petitioner was facing with the criminal charge, he was not eligible to be considered for promotion. Though the petitioner subsequently got acquitted in the mean while, he was again facing another charge of bigamous marriage. Therefore, he was issued with the charge memorandum and ultimately on subsequent charge he was imposed with the punishment of compulsory retirement on 05.12.2019. Therefore, the learned Additional Government Pleader would submit that during 2012 since he w