IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2025

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

and

WMP.No.20596 of 2016

P.S.Umapathy

Assistant Section Officer

Industries Department

Chennai 600 009. ...Petitioner

Vs.

1.The Principal Secretary to Government

Personnel and Administrative Reforms Department

Secretariat, Fort St. George

Chennai 600 009.

2.The Principal Secretary to Government

Industries Department

Secretariat, Fort St.George

Chennai 600 009. ...Respondents

Prayer: This Writ Petition filed under Article 226 of the Constitution of India, to issue a Certiorarified Mandamus, to call for the records relating to the first respondent’s impugned Government order No.D.No.48 dated 02.03.2016, and to quash the same and consequently direct the respondents to forthwith restore pay fixation already made and done with effect from 03.02.2010 and to extend the

same with other benefits accrued thereto.

For Petitioner : Mr.S.Varun Ganesh Samiappa for Mr.S.Sundaresan For Respondents : Mrs.R.L.Karthika Government Advocate

ORDER

The challenge in this writ petition is to G.O.(D) No. 48, dated

02.03.2016, issued by the Personnel and Administrative Reforms (U) Department. By the said Government Order, the representation submitted by the petitioner seeking inclusion of his name in the regular panel for the post of Assistant Section Officer for the year 2009–10, regularisation of his services, and fixation of original seniority from the date of his temporary promotion came to be rejected.

2. The petitioner, while working as an Assistant, was promoted as Assistant Section Officer on a temporary basis and was allotted to the Industries Department. However, the temporary promotion to the said post was subject to the condition that the petitioner would not be entitled to any preferential claim for future promotion to the post of Assistant Section Officer, would not be entitled to claim any seniority in the regular panel to be drawn subsequently, and that the promotion so granted was liable to be terminated at any time without notice. Subsequently, the petitioner submitted a representation to the Government seeking regularisation of his service and fixation of original seniority from the date of his temporary promotion. However, the said representation came to be rejected, prompting the petitioner to approach this Court.

3. Mr.S.Varun Ganesh Samiappa, learned counsel appearing for Mr.S.Sundaresan, learned counsel for the petitioner, has placed on record G.O.Ms. No. 141, dated 22.10.2018, issued by the Personnel and Administrative Reforms (U) Department. The said Government Order was issued during the pendency of the writ petition and, as per the same, pay fixation of similarly situated persons who were temporarily promoted to the post of Assistant Section Officer has been relaxed from the date of their temporary appointment. However, the said Government Order specifically states that, since the present writ petition is pending, the claim of the petitioner cannot be considered.

4. In response, Mrs.R.L.Karthika, the learned State Counsel appearing for the respondents submitted that the services of the petitioner were regularised from a date subsequent to the date of his temporary promotion and, therefore, the pay of the petitioner has to be refixed in terms of Fundamental Rule 22-B with effect from the date of regularisation and not from the date of appointment or promotion on a temporary basis. She further submitted that, as on the crucial date, the petitioner had not acquired the +3 qualification required for promotion to the post of Assistant Section Officer. The petitioner having acquired the +3 qualification only in the year 2013, his services in the post of Assistant Section Officer were regularised with effect from the year 2014.

5. The arguments advanced by the learned counsel on either side and the materials placed on record have been duly considered.

6. G.O.Ms.No.141, dated 22.10.2018, deals with pay protection for Assistant Section Officers who w