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WP No. 3663 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2026

CORAM

THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN

AND

THE HON'BLE MR.JUSTICE K.KUMARESH BABU

WP No. 3663 of 2025

and

WMP No. 4056 of 2025

1. Union of India

Represented by His Excellency

The Lieutenant Governor,

through Chief Secretary to Government,

Chief Secretariat,

Government of Union Territory of Puducherry

Puducherry.

2. The Under Secretary to Government

Department of Personnel and Administrative

Reforms (Personnel Wing),

Chief Secretariat,

Government of Union Territory of Puducherry,

Puducherry.

3. The Group Commander

National Cadet Corps Group, Head Quarters,

Government of Union Territory of Puducherry,

Puducherry.

..Petitioner(s)

Vs.

T Nallathambi

..Respondent(s)

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WP No. 3663 of 2025

This Writ Petition filed under Article 226 of the Constitution of India, in

the nature of Writ of Certiorari, calling for the records pertaining to the order

dated 12.10.2023 passed in O.A. No. No.190/2015, on the file of Central

Administrative Tribunal, Madras Bench and to quash the same.

For Petitioner(s): R.Syed Mustafa

Spl. Govt. Pleader for Puducherry

For Respondent(s): Ms.Sarada. M.Ajith

For Mr.T.Sai Krishnan

ORDER

(Order of the Court was made by C.V.Karthikeyan J.)

The respondents in O.A.No.190 of 2015, aggrieved by the order dated

12.10.2023 passed by the Central Administrative Tribunal, Chennai Bench, had

filed the present Writ Petition, by which order, the original application filed by

the respondent herein had been allowed and a direction was issued to grant

monetary benefits from the date of his notional promotion, namely, 12.08.2011

to the post of Assistant.

2.The respondent, T.Nallathambi, had been appointed as Lower Division

Clerk by a Direct Recruitment on 27.01.1989. He was then promoted as Upper

Division Clerk on 15.11.2005 and posted at the Office of the Superintendent of

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WP No. 3663 of 2025

Police (HQ), Puducherry. The rules prescribed promotion to the post of

Assistant after a period of 10 years of service in the post of Upper Division

Clerk or on combined service of 18 years in the post of Lower Division Clerk

and Upper Division Clerk, of which, not less than 5 years of regular service in

the post of Upper Division Clerk should have been completed.

3.It is the case of the respondent that he had completed service of 22

years as on 10.08.2011 and though his immediate / successful juniors have been

promoted, his name was omitted to be included in the tentative seniority list of

Upper Division Clerk. He therefore filed O.A.No.162 of 2012 seeking

promotion as Assistant retrospectively w.e.f 10.08.2011 and to confer all

consequential benefits including seniority.

4.The writ petitioners, who were the respondents therein, had represented

that they would consider his case separately for promotion on par with his

juniors by reviewing his case in the Departmental Promotion Committee

Meeting and that the proposal had not been processed. Consequently, the

Tribunal disposed of O.A.No.162 of 2012 by order dated 04.10.2013 directing

the writ petitioners / respondents therein to complete the process within a period

of six weeks from the date of receipt of the order. The respondent herein was

promoted to the post of Assistant by order dated 13.06.2014 and was posted at

Karaikal. He joined duty on 16.06.2014. His salary was then fixed as notional at

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WP No. 3663 of 2025

Rs.9750/- w.e.f 12.08.2011 in Pay Band of Rs.9300-34,800/- with Grade Pay of

Rs.4,200/- by effecting monetary benefits only from 16.06.2014 and not from

10.08.2011. He then filed O.A.No.190 of 2015, the order in which the present

writ petition has been filed.

5.The Tribunal, had observed the reasons for delay in granting promotion

to the respondent herein and had