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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-09-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WP No. 22822 of 2023 CNR: {HCMA011325572023}

1. P.Durairaj

2. L.Balamurugan

3. S.Vanaja

4. A.Senthil Vinayagam

5. P.Arulraj

6. Eswari

7. S.D.Saravanan

8. T.Prasanth ..Petitioner(s)

Vs

1. The Principal Secretary To Government Animal Husbandry, Dairying,Fisheries And Fishermen Welfare Department, 4th Floor, Integrated Animal Husbandry And Fisheries Building, Nandanam, Chennai- 35.

2. The Commissioner Fishery And Fishermen Welfare Department, 3rd Floor, Integrated Animal Husbandry And Fisheries Building, Nandanam, Chennai- 35.

3. S.Rajkumar Sub Inspector Of Fisheries Fishery And Fishermen Welfare Department, 3rd Floor, Integrated Animal Husbandry And Fisheries Building, Nandanam, Chennai- 35.

4. J.Beula Sub Inspector Of Fisheries Sethubavachathiram- Head Quarters Office Of The Asst. Director Fishery And Fishermen Welfare Department, Thanjavur.

..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India issuing writ of certiorarified mandamus to call for the records of impugned G.O. (Ms) No.58 dated 10.05.2023 of Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (FS-2) Department issued by the first respondent amending the Tamil Nadu Fisheries Subordinate Service Rules (Section 11 Part 3B in Volume 3 of the Tamil Nadu Service Manual 2016) by amending the Educational qualification for the post of Sub Inspector of Fisheries Recruitment by Transfer for the employees of the Tamil Nadu Ministerial Service in the Fisheries Department and quash the same as arbitrary and unconstitutional and consequently direct the 2nd respondent to cancel the appointment of 3rd and 4th Respondents as Sub Inspector of Fisheries and include the name of Petitioners in the seniority panel list and promote them to the Post of sub Inspector of Fisheries as and when vacancies Arieses thereon as per the seniority.

For Petitioner(s): Mr.V.M.Venkataramana For Respondent(s): Mr.K.Rajesh Government Advocate for R1 & 2 No Appearance For R3 & 4

ORDER

(Order of the Court was made by S.M.Subramaniam J.)

The present Writ Petition has been instituted challenging the amendment made to the Special Rules for the Tamil Nadu Fisheries Subordinate Service in G.O.Ms. No. 58, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, dated 10.05.2023.

2. Writ Petitioners are working as Assistants, falling under the Tamil Nadu Ministerial Service. It is not in dispute that petitioners have regular promotional avenue to the post of Office Superintendent in the Ministerial line. Apart from that, persons working as Assistants are eligible for appointment to the post of Sub-Inspector of Fisheries by way of transfer of service. Regular promotion to the post of Superintendent will be available to the petitioners in accordance with seniority and on preparation of panel and promotion by the Department.

3. The dispute in the present case is that the qualification prescribed for the post of Sub-Inspector of Fisheries prior to the impugned G.O.Ms. No. 58, dated 10.05.2023 was a degree in Science. Amendment to the Special Rules for the Tamil Nadu Fisheries Subordinate Service was brought in and qualification for appointment to the post of Sub-Inspector of Fisheries was amended as follows:

“AMENDMENTS In the said Special Rules, in the ANNEDURE to rule 6, in the Tabular column, for item (Il) in column (3) against the entry (Ill) Recruitment by transfer" in column (2) and the corresponding entry "8. Sub-inspector of Fisheries" in column (1) thereof, the following Item shall be substituted, namely:- "(ii) Must possess a degree in Fisheries Science or a degree in Science with Zoology as main subject or a degree in Science with Zoology as ancillary subject; and"

4. Learned counsel for the petitioners would mainly contend that as on 01.05.2023, the petitioners are qualified for