IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.10.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.T.Bhalakrishnan ... Petitioner -Vs-

1. Government of Tamil Nadu, Represented By Its Principal Secretary to Government, Handloom, Handicrafts, Textile and Khadi Department, Fort St.George, Chennai-600 009.

2. The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai-600 104. ...Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the concerned record from the second respondent, quash the order of the second Respondent dated 04.04.2024, bearing Letter No.9608/E2(2)/2023 as illegal, arbitrary and contrary to law and consequently direct the respondents to regularize the services of the Petitioner in the post of Typist from 23.10.2008, pay the difference of salary for the period from 23.10.2008 to 18.07.2016 between the Post of Watchman and Typist and further promote the petitioner to the post of Assistant from April 2020 and extend all the monetary benefits.

For Petitioner : Mr.Balan Haridas For R1 : Mr.R.U.Dinesh Rajkumar Additional Government Pleader For R2 : Mr.C.Rajkumar

O RDER

This Writ Petition has been filed challenging the order passed by the second respondent dated 04.04.2024, thereby rejecting the representation submitted by the petitioner seeking regularization of the petitioner's service in the post of Typist from 23.10.2008 and to pay the difference of salary for the period from 23.10.2008 to 18.07.2016 between the Post of Watchman and Typist and further promote the petitioner to the post of Assistant from April

2020 and extend all the monetary benefits.

2. The petitioner was appointed as Watchman on 05.09.1989. The petitioner is qualified with English higher grade typewriting and also Tamil lower grade typewriting. The Watchman, who had rendered ten years of service with the qualification of SSLC and English higher grade typewriting and Tamil lower grade typewriting is entitled to be promoted to the post of typist. Even after completion of ten years of service as Watchman, by an order dated 23.10.2008, the petitioner was posted to the post of Typist in the existing vacancy, on condition that the petitioner should not claim any right to the post of Typist till his regular turn comes and that he shall only be eligible to draw the original Grade Pay in the post of Watchman. Accordingly, the petitioner was working as a Typist from 23.10.2008 but he was paid the salary of that of a Watchman. By an order dated 18.07.2016, the petitioner was promoted to the post of Typist. The second respondent, by its communication dated 03.08.2020, called for details from its Subordinate Officers to draw panel for promotion to the post of Assistant. The crucial date for preparing the panel is 15.04.2020. The Junior Assistant/Typist with five years service is eligible for promotion to the post of Assistant. The post of Assistant is filled up by promotion from the category of Junior Assistant/Steno Typist/Typist in the ratio of 4:1 and must have put in not less than two years of service in the said post. Since the petitioner did not have five years of service as Typist as on crucial date, his name was included in the panel for promotion to the post of Assistant. Thereafter, by the subsequent proceedings dated 22.02.2021, it was decided to prepare the panel for the post of Assistant, in which the qualification prescribed was two years as Typist for the promotion to the post of Assistant. In the meantime, the petitioner had attained the age of superannuation and retired from service on 28.02.2023. Even before his retirement, the petitioner submitted a representation repeatedly to regularize his service in the post of Typist from the date of his joining as Typist viz., 23.10.2008 and to promote him to the post of Assistant to include his name in the panel for promotion for the year 2020. It was n