R.Pradheepa Vs The State of Tamil Nadu

Prayer : Writ Petitions are filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned orders passed in 2 nd respondent proceedings b r K M vz;/ 47101/ l;o 1/2018( g.M vz ;143/2019) ehs ; 08.03.2019 and quash the same and consequently direct the first respondent to fix petitioner’s seniority

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https://www.mhc.tn.gov.in/judis

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W.P.No.16740 of 2019

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at appropriate place in the list for promotion to the post of Regional Transport Officer for the year 2017-2018 based on the seniority determined by the Tamil Nadu Public Service Commission to the petitioner and accordingly promote the petitioner to the post of Regional Transport Officer with all service and monetary benefits.

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For Petitioner : Mr. A.Ganesan For Respondents : Mrs.V.Yamunadevi Special Government Pleader

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O R D E R

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Heard the learned counsel for the petitioner and the learned Special

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Government Pleader for the respondents and perused the records.

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The brief case of the petitioner is that she was appointed as

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Motor Vehicle Inspector Grade-II in the Transport Department on 23.08.2001

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through the Tamil Nadu Public Service Commission (in short TNPSC), and

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her seniority was fixed at Serial No.12.

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It is the further case of the petitioner that for promotion to the

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post of Motor Vehicle Inspector Grade – I, one of the condition specified is

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to have a total service of not less than four years in the post of Motor Vehicle

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Inspector Grade – II, out of which not less than one year should be in the

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Flying Squad or Checking Squad.

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The petitioner contended that in the year 2006, when the second

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respondent was about to post her to the Flying Squad / Checking Squad to

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enable her to complete the required one-year service, the petitioner, being

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pregnant at that time, submitted a representation dated 03.03.2006 requesting

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that she should not be posted in the Enforcement Wing (Flying Squad / Checking Squad) and that she may be considered for such posting in the next

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W.P.No.16740 of 2019

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cycle of arrangements.

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It is contended that the second respondent accepted the

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representation and decided to relax the condition requiring one year of service

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in the Flying Squad / Checking Squad in her case, by issuing a letter dated 09.05.2006. However, while issuing the said letter, the second respondent

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imposed a condition that she should not claim her original seniority and

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priority for promotion to the post of Motor Vehicle Inspector Grade – I; and

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that as the said period is over and she having been promoted subsequently,

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her seniority is to be restored.

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When the writ petition is taken up of hearing, the learned counsel

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for the petitioner as well as the learned Special Government Pleader

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W.P.No.16740 of 2019

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appearing for the respondents submitted that a similar issue involved in the present writ petition had already been considered by this Court in W.P.No,16904 of 2019; and that this Court by order dated 24.11.2025, had rejected the claim seeking restoration of original seniority and priority in promotion to the post of Motor Vehicle Inspector Grade – I and had dismissed the writ petition.

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