M.SARASWATHI vs THE COMMISSIONER OF TRANSPORT

2026:MHC:4436
WP No. 39317 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 39317 of 2024
CNR:{HCMA012357472024}
and
WMP Nos. 42570 and 42572 of 2024 and
WMP No. 28022 of 2026
M.Saraswathi
..Petitioner(s)
Vs
1. The Commissioner of Transport
Chepauk, Chennai-600 005.
2. The Secretary to Government
Home (transport-II) Department,
Fort St. George, Chennai-9.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India praying
to issue a Writ of Certiorarifed Mandamus, calling for the records of the 1st
respondent in connection with the impugned order deferring the claim of the
petitioner for promotion to the post of Motor vehicle Inspector (NT) fit for
promotion as PA to RTO in the panel of the year 2023-24 approved in Proc.
R.No.30294 /RA1/ 2024 (E.O. No.811/2024) dt.26.11.2024 and quash the same
in so far as the petitioner is concerned and direct the respondents to include the
name of the petitioner in the panel of Motor Vehicle Inspector (NT) fit for
promotion as PA to RTO in the panel of the year 2023-24 approved in Proc.
R.No.30294/ RA1/ 2024 (E.O. No.810/ 2024) dt.26.11.2024 notionally at par
with her junior Kanagam and further direct the respondents to consider the
claim of the petitioner for promotion as RTO in the ensuing panel published in
GO Ms. No.534 Home (Transport II) Dept dt.24.09.2024 at par with her junior
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2026:MHC:4436
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and grant her all consequential service and monetary benefits.
For Petitioner(s): Mr.M.Muthappan
For Respondent(s): Mr.A.R.Suresh,
Special Government Pleader
ORDER
The present Writ Petition has been filed challenging the impugned order
dated 26.11.2024 passed by the first respondent, whereby the claim of the
petitioner for promotion to the post of Personal Assistant to RTO in the panel
year 2023–2024 was deferred.
2. The learned Senior Counsel appearing for the petitioner would submit
that, by the impugned order dated 26.11.2024, the first respondent deferred the
consideration of the petitioner for promotion to the post of Personal Assistant to
RTO on the ground that a charge under Rule 17(b) of the Tamil Nadu Civil
Services (Discipline and Appeal) Rules had been framed by the Principal
Secretary / Transport Commissioner, vide Memo No.40610/VA2/2008 dated
23.10.2008, and that the same was pending. The specific submission of the
learned Senior Counsel is that the said charge had culminated in the imposition
of a punishment on 17.06.2010, whereby the petitioner was imposed with the
punishment of stoppage of increment for a period of two years with cumulative
effect. The said punishment was challenged in W.P.No.18124 of 2010, wherein
this Court, by order dated 14.07.2017, set aside the punishment. Aggrieved by
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2026:MHC:4436
WP No. 39317 of 2024
the same, the respondents preferred W.A.No.2498 of 2018, which was
dismissed on 12.11.2018. Thereafter, the respondents preferred a Special Leave
Petition before the Hon'ble Supreme Court, which was also ultimately dismissed
on 30.01.2026 in SLP (Civil) Diary No.589 of 2026. Therefore, it is the specific
submission of the learned Senior Counsel that the reliance placed on Rule 17(b)
of the Rules is factually incorrect, as the punishment imposed therein was
subsequently set aside by this Court, and the said decision attained finality by
virtue of the dismissal of the Special Leave Petition by the Hon'ble Supreme
Court in SLP (Civil) Diary No.589 of 2026. Therefore, the impugned order is
liable to be interfered with.
3. Per contra, the learned Special Government Pleader appearing for the
respondents would, in all fairness, submit that the punishment imposed under
Rule 17(b) of the Rules was subsequently set aside and that the said finding
attained finality by virtue of the judgment of the Hon'ble Supreme Court in SLP
(Civil) Diary No.589 of 2026 dated 30.01.2026. It is the specific submission of
the learned Special Government Pleader that, subsequently, the name of the
petitioner was included in the panel of Motor Vehicle Inspector (Non-
Technical) for the year 2009–2010 and that her name was also included in the
panel of Personal Assistant to RTO for the year 2010–2011, on par with her
junior, Tmt. R.Kanagam.
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2026:MHC:4436
WP No. 39317 of 2024
4. I have given my anxious consideration to the submissions made on
either side.
5. Though, in the counter statement, the respondents had stated that such
action was subject to the outcome of the Writ Appeal, the said Writ Appeal was
subsequently dismissed, and the decision was also confirmed by the Hon'ble
Supreme Court. Therefore, it is evident that the respondents had already taken a
decision to include the petitioner in the panel for promotion to the post of
Personal Assistant to RTO for the panel year 2010–2011, on par with her junior,
Tmt. R.Kanagam.
6. At this juncture, it is also relevant to refer to the proceedings of the
Principal Secretary / Transport Commissioner dated 25.09.2026. For ready
reference, the relevant paragraph of the said proceedings is extracted
hereunder:-
“6. Consequent to cancellation of the punishment imposed
against Tmt.M.Saraswathy, PA to STA, formerly Superintendent,
Regional Transport office, Madurai (North) in the reference 9th
cited and dismissal of S.L.P (Civil) Diary No.589/2026, the order
issued in proceedings R.No.45097/RA1/2023 (E.O.No.297/2025)
dated.07.05.2025 is revised and accordingly, (i) the name of
Tmt.M.Saraswathy is included in the panel of Superintendents fit
for promotion as MVI(NT) for the year 2009-2010 at Sl.No.14A,
below the name of Tr.M.Kuthalingam (Sl.No.14) and above the
name of Tmt.R.Kanagam (Sl.No.15) and her pay is fixed on par
with her junior Tmt.R.Kanagam under ruling 17 of F.R.27 w.e.f
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2026:MHC:4436
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08.12.2008 F.N viz the date of officiation of her junior
Tmt.R.Kanagam in the cadre of Motor Vehicle Inspector (Non-
Technical).
(ii) Consequently, her name is included in the panel to the
post of Personal Assistant for the year 2010-2011 at Sl.No 10A,
below the name of Tr.M.Kuthalingam (Sl.No.10) and above the
name of Tmt.R.Kanagam (Sl.No.11) and her pay is fixed on par
with her junior Tmt.R.Kanagam ruling 17 of F.R.27 w.e.f
08.09.2010 A.N viz the date of officiation of her junior
Tmt.R.Kanagam in the cadre of Personal Assistant.”
7. In view of the aforesaid proceedings, the respondents have already
decided to fix the seniority of the petitioner below one M.Kuthalingam and
above R.Kanagam. Therefore, this Court directs the respondents to promote the
petitioner notionally on par with her junior, R.Shanthi, who has been promoted
to the post of RTO vide G.O.(Ms).No.534, Home (Tr.II) Department, dated
24.09.2024, and grant her all consequential benefits, sans monetary benefits.
The aforesaid exercise shall be completed within a period of eight weeks from
the date of receipt of a copy of this order.
8. In the result, this Writ Petition is allowed as indicated above.
Consequently, the connected Miscellaneous Petitions are closed. No costs.
30-10-2026
Index: Yes
Speaking order
Neutral Citation: Yes
KV
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2026:MHC:4436
WP No. 39317 of 2024
To
1. The Commissioner of Transport
Chepauk, Chennai-600 005.
2. The Secretary to Government
Home (transport-II) Department,
Fort St. George, Chennai-9.
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2026:MHC:4436
WP No. 39317 of 2024
C.KUMARAPPAN J.
KV
WP No. 39317 of 2024
30-10-2026
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