Vijayan .M vs The Agricultural Production Commissioner and Principal Secretary to Government,

WP(MD) No. 5939 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02-11-2026
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
AND
THE HON'BLE MR. JUSTICE SENTHILKUMAR
RAMAMOORTHY
THE HON'BLE MR.JUSTICE N.DILIP KUMAR
WP(MD) No. 5939 of 2023
CNR:{HCMD010308712023}
Vijayan .M
S/o.V.Manickam, D.No.379, Thiruvalluvar Salai,
Soodamanipuram, Karaikudi - 630 003, Sivagangai
District.
..Petitioner(s)
Vs
1. The Agricultural Production Commissioner and
Principal Secretary to Government,
Agriculture Department, Secretariat, Chennai -
600 009.
2. The Director of Agriculture
Ezhilagam, Chepauk, Chennai - 600 005.
..Respondent(s)
PRAYER: S-11 (Seniority). Writ Petition filed under Article 226 of the
Constitution of India, praying this Court to issue a Writ of Certiorarified
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WP(MD) No. 5939 of 2023
Mandamus, calling for the records of the 1st respondent i.e., the
Agricultural Production Commissioner and Principal Secretary to
Government, Agriculture Department, Chennai in his Government letter
No.25932/AA1/2021-5 dated 19.01.2023 and communicated to the
petitioner by the Joint Director of Agriculture, Sivagangai in his
Endorsement No.Me.Ku.Lr.No.PaNi2/9024/2022 dated 07.02.20223 and
quash the same and consequently direct the 1st respondent to include the
name of the petitioner in the approved list of Assistant Director of
Agriculture of the year 2007-2008 on par with his junior and to send
revised pension proposals to the Accountant General, Chennai and pass
such further or other orders as this Honourable Court may deem fit and
proper in the circumstances of the case and thus render justice.
For Petitioner(s) Mr.S.Visvalingam
For Respondent(s) Mr.C.Jeganathan
Special Government Pleader
ORDER
(Order of the Court was made by ABDUL QUDDHOSE, J.)
When the matter is taken up for hearing today, it is represented by
the learned Counsel for the petitioner that the petitioner is dead. It is also
submitted that he died as a bachelor on 19.11.2024. Till date, no
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WP(MD) No. 5939 of 2023
application has been filed by the legal representatives of the deceased to
bring them on record as petitioners in this Writ Petition.
2. This Full Bench was constituted pursuant to conflicting decisions
rendered by two Division Bench judgments of this Court rendered in
W.A.[MD]No.63 of 2020 and W.A.[MD]No.1675 of 2018 on the issue
for consideration in this Writ Petition. In the order dated 27.06.2023 a
learned Single Judge of this Court in W.P.[MD]No.5939 of 2023,
referring to the conflicting Division Bench judgments referred to supra
had requested the Hon’ble Chief Justice to constitute a larger Bench for
deciding the issue. Pursuant to the same, the Hon’ble Chief Justice had
constituted this Full Bench.
3. The question of law involved in this reference is whether
G.O.Ms.No.22, dated 24.02.2014, issued by the Personnel and
Administrative Reforms Department, introducing amendments to the
Tamil Nadu State and Subordinate Service Rules, which takes effect from
18.10.1993, will override the Full Bench judgment rendered by this Court
in the case of the Deputy Inspector General of Police, Thanjavur Vs.
Rani reported in 2011 (3) CTC 129. As per the said G.O.Ms.No.22,
dated 24.02.2014, the check period for the punishment of Censure is
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WP(MD) No. 5939 of 2023
applicable and therefore, an employee cannot seek for notional promotion
in case the check period is still in force. Whereas, the Full Bench
judgment of this Court reported in 2011 (3) CTC 129 referred to supra,
has held that check period does not apply for the punishment of Censure
and an employee is entitled to seek for notional promotion even if the
right of promotion falls during the check period. Since there are
conflicting decisions rendered by two Division Benches of this Court
namely, one Division Bench judgment of this Court rendered in W.A.
[MD]No.63 2020, in the case of the Agriculture Production
Commissioner and another Vs. R.Thiruppathy, held that the check
period for the punishment of Censure will not have any impact for an
employee seeking notional promotion and the other Division Bench
judgment dated 22.02.2019 rendered in W.A.[MD]No.1675 of 2018 held
that in view of the G.O.(Ms).No.22, the check period applies to the
punishment of Censure and therefore, an employee cannot seek for
notional promotion for the period when the check period is in force when
he has been imposed with the punishment of Censure. Even though this
Writ Petition will have to be dismissed as abated in view of the death of
the petitioner, the question of law to be answered by this Full Bench, is
left open for another case to be decided as and when the need arises for
this Court to decide.
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WP(MD) No. 5939 of 2023
4. For the foregoing reasons, this Writ Petition is dismissed as
abated, leaving the question of law open for the parties to agitate in an
appropriate case. There shall be no order as to costs.
(A.Q.,J.) (S.K.R.,J.) (N.D.K.,J.)
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MR
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WP(MD) No. 5939 of 2023
To
1. The Agricultural Production Commissioner and Principal Secretary to
Government
Agriculture Department, Secretariat, Chennai - 600 009
2. The Director of Agriculture
Ezhilagam, Chepauk, Chennai - 600 005
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WP(MD) No. 5939 of 2023
ABDUL QUDDHOSE, J.
AND
SENTHILKUMAR RAMAMOORTHY, J.
AND
N.DILIP KUMAR, J.
MR
WP(MD) No. 5939 of 2023
02-11-2026
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