IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-02-2026 CORAM THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR K.Kunhali ..Petitioner(s)

Vs

1. The Secretary to Government Education Department, Fort St. George, Secretariat, Chennai 600 009.

2. The Director of School Education, DPI Campus, College Road, Chennai 600 006.

3. The District Education Officer Gudalore, Nilgiri District.

..Respondent(s)

Prayer: Writ Petition is filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 3rd respondent in his proceedings Na.Ka.No. 498/A1/ 2016 dated 02.2017 (Signed on 14.02.2017) and quash the same and consequently directing the respondents to promote the Petitioner as Junior Assistant notionally on par with his Juniors (i.e.with effect from 1989 the date on which his juniors were promoted with all other service and monetary benefits in the light of the order passed in W.P.No. 13559/ 06 dated 09.04.2012and pass such suitable orders or other orders as this Honourable court.

For Petitioner(s): M/s. R.S.Anandan For Respondent(s): Mrs.P.Rajarajeswari, G.A.

ORDER

The petitioner challenges the order passed by the 3rd respondent in proceedings Na.Ka.No. 498/A1/2016 dated 02.2017 (signed on 14.02.2017).

2. By the said order, the petitioner’s request for grant of retrospective promotion to the post of Junior Assistant with effect from 15.03.1989 was rejected.

3. The petitioner was initially appointed as an Office Assistant in the Panchayat Union on 30.07.1974. Pursuant to the Government’s policy decision to provincialise local body staff, as per G.O. Ms. No. 857, Education Department, dated 23.05.1981, the petitioner was absorbed into the Education Department as a Government servant with effect from 01.06.1981. Thereafter, he was promoted as Record Clerk on 01.07.2005 and as Lab Assistant on 03.01.2008. In accordance with the Tamil Nadu Ministerial Service Rules, he was further promoted as Junior Assistant on 24.08.2011. Subsequently, he attained the age of superannuation and retired from service on 30.06.2012.

4. After retirement, the petitioner came to know that several of his juniors in the feeder category had been promoted to the post of Junior Assistant prior to his retirement. Noticing this anomaly in seniority and promotion, the petitioner submitted a representation seeking notional promotion to the post of Junior Assistant on par with his juniors, along with consequential revision of pensionary benefits.

5. However, by the impugned order dated 14.02.2017, the respondents rejected the petitioner’s request. The said rejection is arbitrary and contrary to the settled principle that a senior is entitled to promotion on par with his juniors, if vacancies existed and juniors were promoted during the senior’s service tenure.

6. Heard the learned counsel for the petitioner and the learned counsel appearing for the State. The materials placed on record were also perused.

7. In the counter affidavit, the learned counsel for the State contended that though the petitioner was absorbed into Government service in 1981 pursuant to G.O. Ms. No. 857, he was allotted to a school under the Education Department only in 1987. Hence, according to the State, his eligibility for promotion to the post of Junior Assistant has to be reckoned only from the date of such allotment, i.e., from 1987, and not from the date of initial absorption. It was further contended that the petitioner, having accepted subsequent promotions without protest and having submitted his representation only after retirement, is guilty of delay and laches.

8. However, the materials placed in the Typed Set of Papers reveal that the petitioner had been submitting representations from 1981 onwards seeking rectification of seniority and promotion on par with his juniors. It is further submitted that similarly placed employees had approached this Court in W.P. No. 13559 of 2006, wherein this Court