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W.P.No.49407 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:19.12.2025

C O R A M

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.49407 of 2025

and W.M.P.Nos.55201 & 55202 of 2025

Aathimoolam ... Petitioner

Vs

1.The Secretary to the Government,

Adi Dravidar and tribal Welfare Department,

Secretariat, Chennai-600001.

2.The Commissioner,

Adi Dravidar Welfare Department,

Ezhilagam Annexure building,

Chepauk, Chennai-600 005. ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying

for the issuance of a Writ of Certiorarified Mandamus, to call for the records

from the 2^nd Respondent’s letter vide Na.Ka.No.E1/8695/2025 dated 13.11.2025

relating to denial of promotion for the post of Deputy Director (Education) to the

petitioner and quash the same, consequently direct the Respondents to give

promotion to post of Deputy Director (Education) in 2^nd Respondent’s office in

pursuant of panel of Head Master, Assistant Director (Education), and Regional

Assistant Director (Education) which was published by 2^nd Respondent vide letter

Na.Ka.No.A1/14424/2024 dated 30.06.2025.

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W.P.No.49407 of 2025

For Petitioner : M/s.P.Saravanan

For Respondents : Mr.R.U.Dinesh Raj Kumar,

Additional Government Pleader

O R D E R

Challenging the order passed by the 2^nd respondent, in and by which, the

petitioner was denied the promotion to the post of Deputy Director (Education),

the present Writ Petition has been filed.

2. The petitioner was initially appointed as Post Graduate Teacher in

Mathematics at Adi-Dravidar Welfare School at Poovanipattu Village, Ariyalur

District on 21.01.1993 and thereafter, promoted as Head Master at Adi-Dravidar

Welfare School, Thondamuthur Village at Pollachi Taluka, Coimbatore District

and presently he is working as Assistant Director (Education) at Directorate of

Adi-Dravidar Welfare Department at Chepauk, Chennai. The next avenue of

promotion for the petitioner is to the post of Deputy Director. Despite his

eligibility and seniority, he was not promoted to the post of Deputy Director.

3. In this regard, the petitioner addressed a representation dated 01.09.2025

to the 2^nd respondent seeking to consider him for promotion to the post of Deputy

Director (Education), pursuant to which, the present impugned order has been

passed rejecting the claim of the petitioner citing a criminal case pending against

him in Spl.S.C.No.238 of 2024, against which, Crl.O.P.No.29194 of 2024 was

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W.P.No.49407 of 2025

filed by the petitioner seeking quashment of the charge sheet, however, the said

petition was dismissed vide order dated 21.11.2024 against which, the petitioner

moved the Hon’ble Supreme Court in S.L.P.No.(Crl.) No.017502/2024 and the

same is pending consideration. Aggrieved by which, the present Writ Petition has

been filed.

4. Learned counsel appearing for the petitioner submitted that, mere

pendency of charge sheet is not a bar for grant of promotion moreso, when there

exists a vacancy to the promotional post. He further submitted that there is no

charge memo or disciplinary proceedings pending against the petitioner and that

the petitioner has rendered 32 years of unblemished service. Though the FIR was

registered at the relevant of time for the offences under the POCSO ACT, which

was basis for filing a Charge sheet, however, the petitioner was not implicated in

the FIR at that point of time and that the petitioner’s name was subsequently

included in the charge sheet arraying him as A-3 after the completion of the

charge sheet with inordinate delay of six years from the date of registration of

FIR. In view of the all the aforesaid, the present impugned order is arbitrary,

illegal and unsustainable and therefore, the same is liable to be set aside.

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W.P.No.49407 of 2025

5. Learned Special Govern