2026:MHC:565 IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON: 06-02-2026 PRONOUNCED ON: 12-02-2026 CORAM THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN WA No. 2616 of 2022 AND CMP No. 20757 of 2022

1. The Government of Tamil Nadu Rep by its Secretary, Rural Development Department, Fort St George, Chennai 9.

2. The Director of Rural Development Panagal Building, Saidepet, Chennai 15.

3. The District Collector Sivagangai District.

Appellant(s)

Vs

1. M.Rajesh Kumar S/o Marimuthu, Presently Residing at No 2/285D, 1^st Street, Rose Building, Katamban Nagar, Karanodai, Chennai 67.

Respondent(s)

PRAYER Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 14.03.2022 made in W.P.No.11568 of 2011 and allow this writ appeal.

For Appellant(s): Dr.S.Surya Additional Government Pleader For Respondent(s): Mr.K.Raja ******

JUDGMENT

(Judgment of the Court was made by C.Kumarappan J.)

The present Writ Appeal has been filed assailing the order of the learned Single Judge dated 14.03.2022 by and in which, the learned Single Judge quashed the impugned order and directed the appellants herein to notionally promote the respondent herein as Rural Welfare Officer Grade-I by including his name in the panel for the year 2000 along with all service and monetary benefits.

2.For convenience sake, the parties will be referred to according to their litigative status before the Writ Court.

3.The learned Additional Government Pleader appearing for the appellants/respondents would contend that the petitioner was initially appointed as a Junior Assistant in Thanjavur District on 21.04.1994. Thereafter, he was transferred to Sivagangai District on 14.12.1998 and that due to the long leave on loss of pay, the probation of the petitioner was delayed and his probation was declared on 31.05.1999. Immediately on declaration of the probation, he was sent for Bhavanisagar training as well as posted as Rural Welfare Officer Grade- II. Therefore, absolutely there were no lapses on the part of the Department and that the petitioner was considered for promotion immediately after he satisfied the required eligibility criteria. Accordingly, the promotion of the petitioner on 26.05.2003 cannot be found to be delayed one. Hence, prayed to interfere with the order of the learned Single Judge.

4.Per contra, the learned counsel appearing for the respondent/petitioner would vehemently contend that there was no fault on the part of the petitioner, as he passed in the departmental exam on 31.05.1999 and his probation was also declared on the same day, whereas, there was a delay to send for Bhavanisagar training, as well as to post in Rural Welfare Officer Grade-II, which are the essential eligibility criteria to be considered for the post of Rural Welfare Officer Grade-I. It is the further submission of the learned counsel that there is administrative delay in posting the petitioner to the post of Rural Welfare Officer Grade-II, hence, the same cannot be put against the petitioner, as the posting of an employee to a particular post lies within the domain of the authorities. Therefore, the lapses on the part of the respondents caused delay in the consideration of the promotion to the petitioner. Hence, would contend that the order of the learned Single Judge is well merited and not required any interference.

5.We have given our anxious consideration to either side submissions.

6.The petitioner was initially appointed as Junior Assistant in Thanjavur District on 21.04.1994 and by way of one way transfer, he was transferred to Sivagangai District on 14.12.1998. He passed departmental exam on 31.05.1999. Immediately thereafter, without any delay, his probation was declared on 31.05.1999. For a person to be considered to the post of Rural Welfare Officer Grade-I, he should have completed his probation, and he must have a foundational training at Bhavanisagar. Apart from the above, it is also essential that he should serve as