T.Vedavyasan Vs the Government of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

T.Vedavyasan Vs the Government of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the respondents to promote the petitioner in accordance with their rules and guidelines; no costs ordered. Prayer for quashing the orders dated 13.01.2020, 29.12.2021 and 05.09.2022 and for appointment as Assistant Director/Principal from 09.07.2018 not granted as such.

Issue for consideration

Whether the petitioner, redeployed as Junior Training Officer after termination from AGROFED, was entitled to be appointed as Assistant Director/Principal in the Employment & Training Department, and whether the rejection of his representation ought to be quashed. +1 more

Court's answer

The petitioner cannot claim promotion or posting to the post of Assistant Director/Principal in Employment & Training Department as a matter of right; any promotion depends on eligibility, requisite qualification, experience and seniority in accordance with rules and guidelines.

Ratio / Principle

The post of Assistant Director/Principal in Employment & Training Department can be filled up either through direct recruitment or through promotion, and whichever mode is adopted, the rules and guidelines must be followed.

Key takeaways

The petitioner cannot claim equivalence with the other individuals (similarly terminated/retrenched AGROFED employees posted to higher posts in other departments).ratio¶38
Equivalence can be claimed only with the petitioner's co-employees in the Department of Employment and Training; if eligible, he must await promotion following that department's rules and guidelines.ratio¶38
The writ petition is disposed of with a direction to promote the petitioner in accordance with the rules and guidelines of the respondents, with no costs.ratio

Detailed headnote1 paragraphs

Madras High Court (C.V.Karthikeyan, J., 14.02.2025) disposed of a writ petition under Article 226 by T.Vedavyasan, formerly Block Manager in AGROFED (appointed 01.09.1986, terminated 30.11.2004 on closure of AGROFED), who after litigation in W.P.(MD).No.4032 of 2010 was posted as Junior Training Officer in the Tamil Nadu Employment & Training Department (Government ITI, Thoothukudi). He sought appointment as Assistant Director/Principal in that Department and quashing of the third respondent's order in Na.Ka.No.39531/TNP2/2019 dated 13.01.2020 and consequential orders dated 29.12.2021 and 05.09.2022 rejecting his representation, and also claimed parity with other retrenched AGROFED employees posted to higher posts elsewhere. The Court held that promotion or posting to Assistant Director/Principal is not a matter of right; the post is filled either by direct recruitment or by promotion strictly according to rules and guidelines; and the petitioner cannot claim equivalence with employees of other departments, his comparison being confined to co-employees in the Employment & Training Department. The petition was disposed of with a direction to promote the petitioner in accordance with the respondents' rules and guidelines; no costs.

W.P.No.1771 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2025

Coram

THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN

W.P.No.1771 of 2024

T.Vedavyasan

... Petitioner

-Versus-

1.The Government of Tamil Nadu,

Rep. By its Principal Secretary to Government, Department of Labour & Employment, Fort St. George,

Chennai – 600 009.

2.The Commissioner, Department of Employment & Training,

Guindy, Chennai – 600 032.

3.The Director,

Department of Employment & Training, Guindy, Chennai – 600 032. ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Certiorarified Mandamus calling for the records relating to the order passed by the third respondent in Na.Ka.No.39531/TNP2/2019 dated 13.01.2020 and consequential orders dated 29.12.2021 and 05.09.2022 and quash the same and further direct the respondents to appoint the petitioner to the post of Assistant Director/Principal in Employment & Training Department with all attendant benefits from 09.07.2018.

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W.P.No.1771 of 2024

For Petitioner : Mr.S.Parthasarathy For Respondents : Mr.S.Yashwanth Additional Government Pleader

ORDER

The writ petition has been filed in the nature of Certiorarified Mandamus

seeking records relating to the order passed by the third respondent directing the Director, Department of Employment and Training at Chennai in Na.Ka.No.39531/TNP2/2019 dated 13.01.2020 and consequential orders dated 29.12.2021 and 05.09.2022 and quash the same. The petitioner seeks to be appointed to the post of Assistant Director/Principal in Employment & Training Department.

In the affidavit filed in support of the writ petition, the petitioner had stated that he had been initially appointed as Block Manager in AGROFED on 01.09.1986. Subsequently, AGROFED was closed and he was terminated by proceedings dated 30.11.2004. The petitioner and other employees filed W.P.(MD).No.4032 of 2010 challenging the direction of the first respondent to deploy the petitioner and others in vacancies in other departments. The petitioner was posted as Junior Training Officer in the Tamil Nadu Employment & Training Department. The petitioner was appointed as Junior Training Officer in the Government ITI, Thoothukudi.

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W.P.No.1771 of 2024

It had been contended that the petitioner should have been appointed as Assistant Director/Principal in Employment & Training Department and not as Junior Training Officer. Claiming a right to be so posted to the post of Assistant Director/Principal in Employment & Training Department, the present writ petition has been filed, consequential to the representation in that regard being rejected by the respondents.

A counter affidavit has been filed on behalf of the respondents. They have stated that the petitioner had accepted to be posted as Junior Training Officer in the Department of Employment and Training and stated that the promotion to the post of Assistant Director/Principal in Employment & Training Department would be made from the post of Training Officer.

If the petitioner is eligible and if the petitioner has requisite qualification and experience and if the petitioner has necessary seniority, I am confident that the petitioner would, in accordance with rules and guidelines be promoted to an appropriate post including the post of Assistant Director/Principal in Employment & Training Department. The petitioner cannot claim such promotion or posting as a matter of right.

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W.P.No.1771 of 2024

The post of Assistant Director/Principal in Employment & Training Department can be filled up either through direct recruitment or through promotion. The respondents will necessary have to follow the rules and guidelines. If the respondents opt to fill up that particular post either through direct recruitment or through promotion, the rules and guidelines will necessarily have to be followed.

The learned counsel for the petitioner then contended that others, who

had been similarly terminated along with the petitioner in AGROFED and who had also been retrenched were, however posted to a higher post in the Departments to which they have been appointed.

But the petitioner cannot claim equivalence with those individuals. The

petitioner can claim equivalence only with his co-employees in the Department of Employment and Training and if he is eligible to be promoted, he will have to await and follow the rules and guidelines of the said department.

The writ petition is disposed of with a direction to promote petitioner

in accordance with rules and guidelines of the respondents. No costs.

14.02.2025

nl

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W.P.No.1771 of 2024

Index : Yes/No Speaking order/Non speaking order Neutral Citation : Yes/No

To

1.The Principal Secretary to Government, Department of Labour & Employment, Fort St. George, Chennai – 600 009.

2.The Commissioner, Department of Employment & Training, Guindy, Chennai – 600 032.

3.The Director, Department of Employment & Training, Guindy, Chennai – 600 032.

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W.P.No.1771 of 2024

C.V.KARTHIKEYAN, J.

nl

W.P.No.1771 of 2024

14.02.2025

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