Madras High Court Upholds Amendment Allowing District Judges as TN Lokayukta Secretary

The Madras High Court has dismissed a public interest litigation challenging a 2020 amendment that allows serving and retired District Judges to be appointed as Secretary of the Tamil Nadu Lokayukta. The bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan held that the amendment is consistent with the parent Act and within the rule-making power of the State Government.

A Challenge to the Lokayukta Secretary's Eligibility

The Tamil Nadu Lokayukta was established in 2018 following the central Lokpal and Lokayuktas Act, 2013 . In July 2020 , the State Government issued G.O.Ms.No.84 , amending Rule 18 of the Tamil Nadu Lokayukta Rules to expand the eligibility for the post of Secretary to include District Judges, either by transfer from Secretariat or by deputation/contract of serving/retired District Judges. A practicing advocate, V. Jeevakumar , filed a PIL in 2026 arguing that this violated Section 9(1) of the Tamil Nadu Lokayukta Act, which states the Secretary shall be an officer " not below the rank of Deputy Secretary to Government." He contended that this restricted the post to executive administrative officers only.

Petitioners vs. State: The Arguments

The petitioner argued that the government exceeded its delegated rule-making power under Section 44 by expanding the eligibility pool. The Additional Advocate General countered that Section 9(1) sets only a minimum threshold, and District Judges hold a rank superior to Deputy Secretary. He also raised a preliminary objection of delay and laches, noting the petition was filed six years after the amendment.

A Floor, Not a Ceiling: Court's Legal Analysis

The court focused on the interpretation of " not below the rank of ." It ruled that this phrase sets a floor, not a ceiling , meaning it prescribes a minimum baseline of seniority. District Judges, being senior judicial officers, satisfy this requirement. The court also noted that Section 44 (2)(d) explicitly empowers the government to make rules regarding conditions of service and appointment, making the amendment valid.

Key Observations from the Judgment

"The statutory phrasing ' not below the rank of ' sets a floor, not a ceiling . It prescribes a minimum baseline of official seniority and status. It does not create an absolute bar against appointing judicial officers who satisfy or exceed that requisite rank."

"District Judges in the State Judicial Service indisputably hold a cadre and status well above or equivalent to a Deputy Secretary to the Government."

"Allowing District Judges to serve as Secretary on deputation or contract is entirely consistent with the scheme of the parent Act."

Decision: PIL Dismissed

The court dismissed the writ petition, finding no violation of statutory provisions or constitutional guarantees. It also noted the severe delay and laches in filing the petition. The judgment upholds the government's amendment, confirming that judicial officers can be appointed as Secretary of the Lokayukta.