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W.A.(MD)No.1319 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED:03.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN

AND

THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN

W.A.(MD)No.1319 of 2025

and

C.M.P.(MD)No.8004 of 2025

1.The State of Tamilnadu,

Rep.by its Secretary to Govt.,

Finance Department,

Secretariat,

Chennai-600 009.

2.The Principal Director of Audit,

O/o.Local Fund Audit,

Chennai-600 035. ... Appellants

Vs.

G.Sam Robust ... Respondent

PRAYER:- Writ Appeal – filed under Clause 15 of the Letters Patent, to

set aside the order dated 01.03.2024 made in W.P.(MD)No.909 of 2024

on the file of this Court and allow the writ appeal.

For Appellants : Mr.S.R.A.Ramachandran

Additional Government Pleader

For Respondent : Mr.P.Muthuvel

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W.A.(MD)No.1319 of 2025

JUDGMENT

(Judgment of the Court was delivered by DR.G.JAYACHANDRAN, J.)

It is a case, where the name of the writ petitioner was not

included in the promotional panel prepared for the year 2016-17 for the

post of Deputy Inspector in the Local Fund Audit Department, on the

premise that he was facing charges under Rule 17(b) of the Tamil Nadu

Civil Services (Discipline and Appeal) Rules, and also placed under

suspension for certain misconduct and pendency of a criminal case.

However, it is found that the crucial date for drawing the promotional

panel for the post of Deputy Inspector for the year 2016-17 was fixed as

15.03.2016 and on that date, the writ petitioner had unblemished service.

Therefore, he challenged the non-inclusion of his name in the

promotional panel by way of writ petition in W.P.(MD)No.909 of 2026.

2.The learned Single Judge on considering the facts and the

law laid in the case of V.Visweswaran vs. The Director of Handloom

and Textiles and another dated 22.06.2021 in W.A.(MD)No.846 of 2019

allowed the writ petition with the following observations:

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W.A.(MD)No.1319 of 2025

“8. In the instant case, the promotion panel was prepared

by the 2nd respondent for the year 2016~2017 with the crucial date of

15.03.2016. On the said crucial date, the petitioner was neither issued

with the charge memo nor a currency of the punishment pending

against him. Hence, the petitioner is fully eligible to hold the post of

Deputy Inspector on par with his juniors who has found place in the

promotion list in serial No.48. It is also pertinent to mention that the

petitioner has completed all the departmental examinations well before

2015, which were mandatory for the post of Deputy Inspector. Hence,

the exculsion of the petitioner-s name in the promotion panel dated

28.12.2023 is nothing but arbitrary and colourable exercise of power.

The 2nd respondent has also without giving an opportunity to the

aggrieved persons to submit their objections on the promotion panel

dated 28.12.2023 has given effect to the panel immediately after a day

of issuance of promotion panel, that is, on 29.12.2023. Therefore, the

entire promotion process is clouded with irregularity.

9. The issuance of subsequent charges to a government

servant certainly cannot be a bar for inclusion in the promotion panel

which was prepared based on a crucial date which lies earlier to the

date of the promotion panel. The petitioner has to face charges framed

subsequently after the crucial date, the petitioner's chance of getting

included in the panel and further consideration of his candidature of

promotion should not be denied. Under such facts and circumstances

of the case and in view of the decisions cited supra, the following

directions are issued in the writ petition:

(i) The name of the petitioner shall be included in the panel

based on the crucial date 15.03.2016, fit for promotion to the post of

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W.A.(MD)No.1319 of 2025

Deputy Inspector;

(ii) The said panel shall be acted upon where the name of

the petitioner is app