Dismissed¶35

Chandran v. the District Collector (Developpment Wing)

Madras HC23 Oct 2025WP/39039/2025

Case brief

AI extract

What is this about?

Relinquishment of promotional rights; Panchayat Secretary; Junior Assistant promotion; Epilepsy and multiple ailments; field work requirement; panel for promotion prepared before relinquishment; Tamil Nadu Public Service Commission approval; District Collector Dharmapuri; Block Development Officer Morappur; rejection of representation upheld; certiorari refused; Article 226; Madras High Court; service law; writ petition dismissed with no costs.

What did the court decide?

This Court finds no infirmity or illegality in the order dated 25.08.2025 passed by the first respondent; the writ petition is devoid of merits and liable to be dismissed. ¶35

Chandran Vs the District Collector (Developpment Wing) — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the order dated 25.08.2025 passed by the first respondent rejecting the petitioner's representation dated 07.04.2025 relinquishing his rights to promotion to the post of Junior Assistant suffers from infirmity or illegality and is liable to be quashed. +1 more

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Court's answer

This Court finds no infirmity or illegality in the order dated 25.08.2025 passed by the first respondent; the writ petition is devoid of merits and liable to be dismissed.

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Ratio / Principle

Even assuming the petitioner suffered multiple ailments, he cannot continue in the post of Panchayat Secretary, which requires field work.

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Key takeaways

The petitioner ought to have relinquished his claim for promotion even prior to the preparation of the panel.ratio¶30
The petitioner's name was included in the panel for promotion and, after obtaining necessary orders from the Tamil Nadu Public Service Commission, he was duly promoted to Junior Assistant; therefore the representation was rightly rejected by the first respondent.ratio¶34

Detailed headnote1 paragraphs

Writ of Certiorari under Article 226 of the Constitution of India - Panchayat Secretary (in service from 1997) suffering from Epilepsy and multiple ailments represented on 07.04.2025 to relinquish his rights to promotion to the post of Junior Assistant; on the same day he was promoted without considering the representation - earlier writ (W.P.No.23698 of 2025) disposed of on 02.07.2025 with direction to consider the representation - first respondent (District Collector, Dharmapuri) rejected the request holding the Junior Assistant post was available in the same Panchayat requiring no field inspection, whereas the Panchayat Secretary post requires field work, that relinquishment ought to have preceded preparation of the panel, and that no documentary evidence substantiated the claimed inability - Held (G.K. Ilanthiraiyan, J.): even assuming multiple ailments, petitioner cannot continue as Panchayat Secretary; relinquishment should have been sought prior to panel preparation; promotion duly effected after TNPSC orders; no infirmity or illegality in the rejection - Writ Petition dismissed, connected miscellaneous petitions closed, no order as to costs.

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W.P.No.39039 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.10.2025

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CORAM

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THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.39039 of 2025

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and W.M.P.Nos.43756 & 43758 of 2025

Chandran

.... Petitioner

The District Collector (Development Wing), O/O The District Collector, Dharmapuri.

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The Block Development Officer, Morappur Block, Palakodu Village Panchayat, Dharmapuri District.

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.... Respondents

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Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the order dated 25.08.225 in Na.Ka. No.20490/2025/K3 on the file of the 1^st Respondent and quash the same

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For Petitioner : Mr.R.Sudhakar

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For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader

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

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W.P.No.39039 of 2025

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ORDER

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This Writ Petition has been filed challenging the order dated 25.08.2025 passed by the first respondent, thereby rejecting the request made by the petitioner.

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Heard the learned counsel appearing on either side and perused

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the materials available on record.

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The petitioner was originally appointed as Panchayat Secretary

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and working from 1997. Subsequently, he suffered from Epilepsy and was undergoing treatment. Thereafter, the petitioner became eligible for promotion and was promoted to the post of Junior Assistant. Since the petitioner was suffering from multiple ailments, he submitted a representation dated 07.04.2025 to the first respondent, stating that he was not interested in the promotional post of Junior Assistant and sought to relinquish his rights to promotional avenue. However, on the same day, i.e. on 07.04.2025, the petitioner was promoted to the post of Junior Assistant in the same panchayat, without considering the representation submitted by him.

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

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W.P.No.39039 of 2025

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Hence, the petitioner approached this Court in W.P.No.23698 of 2025. By an order dated 02.07.2025, this Court disposed of the writ petition and directed the first respondent to consider the representation submitted by the petitioner on 07.04.2025. After due enquiry, the first respondent rejected the request made by the petitioner on the ground that the post of Junior Assistant was very much available in the same Panchayat. However, as a Panchayat Secretary, the petitioner was required to perform field work, which he could not undertake due to his multiple ailments. It is noted that, though the petitioner claimed to be suffering from multiple diseases and undergoing treatmet for Epilepsy, he did not produce any documentary evidence to substantiate his inability to continue his duties.

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Even assuming that the petitioner is suffering with multiple ailments, definitely he cannot continue in the post of Panchayat Secretary, which requires field work. However, the post of Junior Assistant was vacant in the very same Panchayat and he need not go for any field inspection. Further, the petitioner ought to have relinquished his claim for promotion even prior to the preparation of the panel. The petitioner's name

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

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W.P.No.39039 of 2025

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was included in the panel for promotion to the post of Junior Assistant and after getting necessary orders from the Tamil Nadu Public Service Commission, he was duly promoted to the post of Junior Assistant. Therefore, the representation submitted by the petitioner was rightly rejected by the first respondent.

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In view of the above, this Court finds no infirmity or illegality in the order dated 25.08.2025 passed by the first respondent. Thus, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

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23.10.2025

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Neutral citation :Yes/No Index:Yes/No Lpp

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

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W.P.No.39039 of 2025

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