Aathimoolam Vs the Secretary to the Government

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation dated 01.09.2025 and to appoint the petitioner in the post of Deputy Director in the office of the Directorate of Adi-Dravidar Welfare Department, Chennai.

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

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W.P.No.35009 of 2025

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For Petitioner : Mr.P.Krishnamoorthy For Respondents : Mr.V.Jeevagiridharan, AGP

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ORDER

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This Writ petition has been filed seeking to direct the respondents to

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consider the petitioner's representation dated 01.09.2025 and to consequently, appoint the petitioner in the post of Deputy Director in the office of the Director of Adi-Dravidar Welfare Department, Chennai.

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Mr.V.Jeevagiridharan, learned Additional Government Pleader

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takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.

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The case of the petitioner is that, he was initially appointed as a Post Graduate Teacher (Mathematics) in the Adi-Dravidar Welfare School at Poovanipattu Village, Ariyalur District and after several transfers and promotions, the petitioner is presently serving as an Assistant Director (Education) in the Directorate of Adi-Dravidar Welfare Department, 2/6

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

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W.P.No.35009 of 2025

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Chepauk, Chennai. As per the service rules and hierarchy, the petitioner's next promotion is to the post of Deputy Director in the Directorate of AdiDravidar Welfare Department at Chepauk, Chennai. Though the said post of Deputy Director became vacant, upon the retirement of the then incumbent as early as on 30.06.2025, however, the said post has remained vacant for over 30 days, despite the availability of eligible officers for promotion. The petitioner is the next in the line of seniority and he is fully eligible to be appointed in the said post, as per G.O.Ms.No.2395, dated 21.12.1989, issued by the Adi-Dravidar and Tribal Welfare (ADW.I) Department, wherein, the Government of Tamil Nadu has framed rules governing the appointment to the post of Deputy Director in the Directorate of AdiDravidar Welfare, particularly as per Serial No.3 of the said G.O. However, instead of initiating the process for petitioner's promotion, the 2^nd respondent is attempting to consider individuals who are junior to the petitioner in service, for the said promotion, on the ground that there is a criminal case pending against the petitioner. However, it is pertinent to note that, the said criminal case is now pending before the Hon'ble Apex Court, wherein, the Hon'ble Apex Court has passed an order of interim stay of the

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

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W.P.No.35009 of 2025

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departmental proceedings initiated in connection with the said criminal case. Thereby, the petitioner submitted a representation dated 01.09.2025 before the 2^nd respondent seeking promotion/appointment to the post of Deputy Director. However, till date, no orders have been passed on the said representation. Hence this writ petition.

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Learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the 2^nd respondent to consider the petitioner's representation dated 01.09.2025 and to consequently, appoint the petitioner in the post of Deputy Director in the office of the Director of Adi-Dravidar Welfare Department, Chennai, as early as possible.

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Learned Additional Government Pleader appearing on behalf of the respondents submits that, appropriate orders will be passed on the petitioner's representation dated 01.09.2025 within the time stipulated by this Court.

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In view of the limited relief sought for by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs

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

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W.P.No.35009 of 2025

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the 2^nd respondent to consider the petitioner's representation dated 01.09.2025 and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and aggrieved persons, if any.

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