IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

and

WMP.No.7193 of 2022

N.V.Thayumanavar,

... Petitioner

Vs.

1.The State of Tamil Nadu,

Rep. by its Secretary to the Government,

Labour Welfare and Skill Department (E1) Department,

Secretariat,Fort St. George,

Chennai - 600009.

2.The Commissioner of Labour

DMS Campus DMS Subway,

Anna Salai, Teynampet,

Chennai – 06.

3.Tamil Nadu Public Service Commission,

Rep. by its Secretary,

TNPSC Road,

Chennai -03.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the impugned proceeding of the 1^st Respondent vide G.O. (D)No. 437 Labour Welfare and Skill Development (E1) Department dated 02.11.2021 and quash the same and consequently direct the Respondents to grant notional promotion to the Petitioner on par with his junior Madhan Mohan with all

attended benefits along with an interest of 12% per annum and also direct that the suspension period from 28.05.2014 to 24.11.2016 be reqularized and consequently direct the respondents to disburse all other benefits that the petitioner is entitled to.

For Petitioner : Mr.Naveen Kumar Murthi For Respondents : Mr.P.Ananda Kumar, Govt. Advocate for R.1 & R.2.

: Mr.B.Vijay, Standing Counsel for R.3.

O R D E R

Challenging the order passed by the 1^st respondent dated 02.11.2021 in G.O. (D)No. 437 Labour Welfare and Skill Development (E1) Department and to consequently direct the respondents to grant notional promotion to the petitioner on par with his junior with all attendant benefits with interest, the petitioner is before this Court.

2. The factual matrix upon which this Writ Petition is preferred is hereinbelow set out.

(a) The petitioner’s contention is that he had joined the services of the 1^st respondent Department as a Labour Officer on 21.05.1985 and was promoted to the post of Assistant Commissioner in the year 1990.

Subsequently, he was promoted to the post of Deputy Commissioner.

(b) While the petitioner was working as a Deputy Commissioner of Labour in Salem Region, he had disbursed compensation amounts to several claimants under the Workmen Compensation Act, 1923 who had sustained major disability on account of accidents that had occurred in the course of their employment. The petitioner had discharged his duties with utmost sincerity and dedication.

(c) While so, it was claimed that while working as the Deputy Commission of Labour in Salem, the petitioner had disbursed a compensation amount of Rs.1,72,591/- to some claimants without identifying them correctly and created incorrect documents. Apart from the above, there were few other charges raised and criminal case also came to be initiated against the petitioner. Consequently, the petitioner was suspended from service on 28.05.2014. Challenging the criminal case, the petitioner had filed a petition under Section 482 Cr.PC before this Court to quash the charge sheet filed against him.

(d) This Court after elaborately considering the matter in Crl.OP.No.17327 of 2014, by order dated 30.03.2015, allowed the Criminal Original Petition and quashed the charge sheet. Thereafter, on 06.05.2015, the petitioner had submitted a representation to revoke his suspension and settle all the terminal benefits as he had attained the age of superannuation in the interregnum on 31.05.2014. However, the same was not considered constraining the petitioner to file WP.No.8550 of 2016 to revoke the order of suspension and to settle the terminal benefits and confer all consequential benefits including promotion. This Court by order dated 08.03.2016 revoked the petitioner’s suspension and he was permitted to retire. However, to his utter shock and surprise he was issued with charge memo on 29.06.2016.

(e) The charge memo has been issued 12 years after the alleged incident and that too after the petitioner had been acquitted in the criminal case. Challenging the said charge memo, th