IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.12.2025 CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI and W.M.P. Nos.4073 and 4074 of 2024 C.Rajendran Petitioner Vs

1. The Director of Municipal Administration No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai- 600 028.

2. The Principal Secretary to Government Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai- 009. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Ceritorarified Mandamus, calling for the records relating to the impugned Memorandum issued by the 1^st respondent in Roc No. 1037/ 2023 /GA.3 dated 15.12.2023 and quash the same and consequently direct the 1^st and 2^nd respondents to include the name of the petitioner in the panel prepared for the year 2022- 23, as on the crucial date 15.03.2022 and to promote him as Town Planning Officer Grade - I on par with his Junior Thiru S.Govindarajan with all monetary and service benefits For petitioner : Mr. T. Ranganathan For respondents : Mr.C. Selvaraj Additional Govt. Pleader

ORDER

This writ petition has been filed seeking quashment of the impugned Memorandum issued by the 1^st respondent in Roc No. 1037/ 2023 /GA.3 dated 15.12.2023 and consequently direct the 1^st and 2^nd respondents to include the name of the petitioner in the panel prepared for the year 2022- 23, as on the crucial date 15.03.2022 and to promote him as Town Planning Officer Grade - I on par with his Junior Thiru S.Govindarajan with all monetary and service benefits

2. Facts in brief a) The petitioner was initially appointed as Town Planning Inspector and regularised and thereafter posted at Tuticorin Municipality on 27.06.1995. He was promoted as Town Planning Officer Grade II in the year 2018 and is presently working at Rasipuram Municipality, Namakkal District. His next promotion to the post of Town Planning Officer Grade I pertains to the panel year 2022–2023, for which the crucial date is 15.03.2022.

b) While the petitioner was working at Tiruverkadu Municipality, a criminal case under Section 7 of the Prevention of Corruption Act was registered by the DVAC, alleging seizure of unaccounted money, pursuant to which he was placed under suspension on 18.02.2021. Subsequently, the 2^nd respondent vide G.O.(D) No.301 dated 22.08.2022, directed the 1^st respondent to initiate departmental proceedings against the petitioner, and later the criminal case was dropped on 08.02.2023. Consequent thereto, the suspension was revoked on 08.02.2023, and the suspension period was ordered to be treated as duty under Rule 54(B) of the Tamil Nadu Fundamental Rules. Thereafter, departmental proceedings under Rule 17(b) were initiated against the petitioner on 31.05.2023 viz., after the crucial date. In the meanwhile, the impugned order dated 15.12.2023 was issued by the 1^st respondent, thereby the name of the petitioner was not included in the promotion panel. Challenging the denial order dated 15.12.2023, which is impugned herein, this writ petition has been filed.

3. Learned counsel for the petitioner submitted that as on the crucial date i.e., 15.03.2022, neither any charge sheet had been filed in the criminal case nor were any departmental proceedings pending against the petitioner. Mere pendency of an FIR, without framing of charges, cannot be a ground to deny consideration for promotion.

4. He further submitted that the criminal case was ultimately dropped by the Government and formally closed by the Judicial Magistrate, and no recovery was established against the petitioner. Another disciplinary proceedings were initiated only on 31.05.2023, much after the crucial date, and therefore, cannot retrospectively affect the petitioner’s right to be considered for promotion. Hence, he prayed for appropriate directions to consider the petitioner for promotion with all consequential benefits.

5. Learned counsel vehemently contended that eligibility for promotion