R.KALA vs THE SECRETARY TO GOVERNMENT

W.P.No.33845 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-11-2026
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN
AND
THE HONOURABLE MR.JUSTICE E.MANOHARAN
W.P.No.33845 of 2023
R.Kala,
D/o.S.Ramu,
5/55-1, Nandavanakadu,
Omalur Post,
… Petitioner/Appellant
Salem – 636 455.
Vs.
1. The Secretary to Government,
Revenue Department,
Fort St.George,
Chennai – 600 009.
2.The Commissioner of Revenue Administration,
Chepauk,
Chennai – 600 005.
3.The District Collector,
Collectorate,
Salem District.
4. The District Revenue Officer,
Collectorate,
Salem,
Salem District.
5. G.Jaiganesh,
Deputy Tahsildar (Election),
Gangavelli Taluk,
Salem District.
… Respondents
P rayer: Writ Petition has been filed under Article 226 of Constitution of India,
to issue Writ of Certiorarified Mandamus calling for the records relating to the
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W.P.No.33845 of 2023
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proceeding in Na.Ka.No.20791/2016/A3 passed by the 3 respondent dated
06.04.2022 quash the same in so far as placing the petitioner at Serial No. 311
of the year 2015-2016 and consequently direct the respondents to re-fix the
petitioner’s seniority at Serial No.210A of the year 2012-2013 immediately
above the candidate viz., Thiru G.Jaiganesan in the impugned seniority list and
further direct the respondents 1 to 4 to promote the petitioner as Deputy
Tahsildar with effect from 08.10.2022 with monetary benefits.
For Appellant: Mr.M.Elango
For Respondents: Mr.S.Ilamvaludhi,
Special Government Pleader, for R1 to R4
ORDER
(Order of the Court was made by G.JAYACHANDRAN, J.)
The petitioner herein, who joined as an Assistant in the Revenue
Department in Nilgiris District Revenue Unit on 13.03.2012, on request, sought
one-way transfer to the Salem District, thereby forgoing her seniority in the
Nilgiris District. After joining as an Assistant in the Salem District Revenue
Unit on 13.04.2015, she attempted to get her seniority reckoning the service
period rendered by her in the Nilgiris District. Her attempt was declined by the
Learned Single Judge in W.P.No.22906 of 2016. Further appeal before the
Division Bench in Writ Appeal No.2705 of 2023 also came to be dismissed by
us.
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W.P.No.33845 of 2023
2. Pending the said Writ Appeal, the petitioner, conceding that she is
bound by the conditions of transfer contemplated in paragraph 6.1 had made a
request to refix her seniority within the Salem Revenue Unit and place her
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above the 5 respondent, G.Jaiganesh and promote her as Deputy Tahsildar with
effect from 08.10.2022.
3. A detailed counter-affidavit filed by the District Revenue Officer,
Salem District, wherein it has been specifically contended that the writ
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petitioner herein cannot draw parity with the 5 respondent, G.Jaiganesh, who is
directly recruited Assistant allotted to the Salem Revenue Unit much prior to the
writ petitioner joining the Salem Revenue Unit through one-way transfer. The
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probation of the 5 respondent/G.Jaiganesh, was declared as early as
25.12.2014, much prior to the petitioner joining the Salem Revenue Unit. It is
further contended that the said G.Jaiganesh, has also completed Bhavanisagar
Fundamental Training on 02.03.2015 and completed Survey and Settlement
Training on 30.07.2015, which is within the period of three years from his date
of joining into the service. The seniority of the petitioner fixed at Serial No.311
of the year 2015-2016 based on the direction of the Hon’ble Supreme Court to
revise the seniority on merit basis and prepare list of inter-se seniority between
direct recruits and Promotees.
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W.P.No.33845 of 2023
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4. Paragraph Nos.6 & 7 of the counter-affidavit filed by the 4 respondent
further explain how the seniority of the petitioner been fixed at Serial No.311
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and rightly placed below G.Jaiganesh the 5 respondent. For the sake of
convenience, paragraphs 6 & 7 are extracted below:-
“6. It is submitted that the averments contained in
the paragraph 6 are incorrect and the name of the
petitioner was included in the year of 2015 - 2016 (i.e., the
crucial date of inter-se-seniority from 15.03.2015 to
14.03.2016) since the petitioner joined in Salem District,
Revenue Unit on 08.05.2015 only through One Way
District transfer by the orders issued by the Additional
Chief Secretary / Commissioner of Revenue
Administration Roc.Ser.4(1) / 50361/2014
dated:13.04.2015. Also as per the direction of the Hon’ble
Supreme Court of India, the seniority list was revised on
merit basis and the list of inter-se-seniority (combined
seniority list between Directly Recruited Assistants,
Promotees and Assistants by way of transfers) was
published in Salem District as per Salem. District Revenue
Officer’s Roc.No.20791/2016/A3, dated 06.04.2022, and
the name of the petitioner was placed first in the year of
2015-2016 (SI.No.311) of the interse-seniority list
appropriately based on merit.
7. It is submitted that the averments contained in
the paragraph 7 are incorrect and in the Additional Chief
Secretary / Commissioner of Revenue Administration
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W.P.No.33845 of 2023
Roc.Ser.4(1) / 50361/2014 dated:13.04.2015 the para 6(1)
reveals that the petitioner has to loose her seniority in the
transferred district at Salem and accordingly, she will be
placed as a last candidate in the list of approved
probationers. Accepting the condition to forego her
seniority, the petitioner joined in Salem District.
Therefore, the petitioner now cannot turn around and
claim seniority over and above the candidates, who are all
in service in Salem District.”
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5. We find that the petitioner herein cannot seek parity with the 5
respondent/G.Jaiganesh, whose parent District is the Salem Revenue Unit and
he had completed his probation on 25.12.2014, much prior to the writ petitioner
joined the Salem District Revenue Unit after forgoing her seniority in the
Nilgiris District Revenue Unit. While so, having agreed to lose her seniority in
the Nilgiris District and joined the queue at the bottom of the 2015 Seniority
st
List in the Salem District and having lost the 1 round of litigation, the present
petition is filed by couching the prayer differently but with the same effect by
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comparing her case with that of G.Jaiganesh, 5 respondent, when both are not
equals.
6. The letter and spirit of the condition imposed in the transfer order, as
well as the order of this Court in W.P.No.22906 of 2016, is that the petitioner
must be placed at the bottom of the seniority list prepared for the year 2015 in
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W.P.No.33845 of 2023
the Salem District Revenue Unit. The petitioner has joined the Salem District
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Revenue Unit only on 15.04.2015, by that time, the 5 respondent, with whom
the petitioner wants to seek parity, had already completed his probation and his
probation was declared on 25.12.2014. Treating unequals as equals just because
their designations are similar will lead to miscarriage of justice.
7. Hence, we find that the relief sought by the petitioner herein cannot be
acceded to. Accordingly, this Writ Petition stands dismissed. There shall be no
order as to costs.
(Dr. G.JAYACHANDRAN, J.) & (E.MANOHARAN, J.)
11-11-2026
Index :Yes/No.
Speaking/Non-speaking order
Internet :Yes.
Neutral Citation :Yes/No.
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W.P.No.33845 of 2023
To,
1. The Secretary to Government,
Revenue Department,
Fort St.George,
Chennai – 600 009.
2.The Commissioner of Revenue Administration,
Chepauk,
Chennai – 600 005.
3.The District Collector,
Collectorate,
Salem District.
4. The District Revenue Officer,
Collectorate,
Salem,
Salem District.
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W.P.No.33845 of 2023
Dr. G.JAYACHANDRAN, J.
AND
E.MANOHARAN, J.
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W.P.No.33845 of 2023
11-11-2026
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