(Prayer in WP.No.6703 of 2025: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the G.O (2D) No.113 Revenue and Disaster Management, Survey and Settlement Unit, dated 21.02.2025 issued by the 1st respondent and quash the same as illegal, arbitrary and non-est in law, in so far as the inclusion of the 3rd and 4th respondents in the promotion panel of the year 2024-25 for the post of Assistant Director, Survey and consequently, direct the 1st and 2nd respondents to promote the petitioner to the post of Assistant Director, Survey, by strictly following the Special Rules for the Tamil Nadu Survey and Land Records Services.

In WP.No.6697 of 2025: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the G.O (2D) No.113 Revenue and Disaster Management, Survey and Settlement Unit, dated 21.02.2025 issued by the 1st respondent and quash the same as illegal, arbitrary and non-est in law, in so far as the inclusion of the 3rd and 4th respondents in the promotion panel of the year 2024-25 for the post of Assistant Director, Survey and consequently, direct the 1st and 2nd respondents to promote the petitioner to the post of Assistant Director, Survey, by strictly following the Special Rules for the Tamil Nadu Survey and Land Records Services.

In WP.No.7606 of 2025: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the G.O (2D) No.127 Revenue and Disaster Management, Survey and Settlement Unit, dated 27.02.2025 issued by the 1st respondent and quash the same as illegal, arbitrary and non-est in law in respect of the promotion of the 3rd and 4th respondents to the post of Assistant Director, Survey and Settlement Department and consequently, direct the 1st and 2nd respondents to promote the petitioner to the post of Assistant Director.)

Common Order:

1. These Writ Petitions have been filed challenging the impugned orders dated 21.02.2025 & 27.02.2025, quash the same as illegal in respect of the promotion of the 3rd and 4th respondents to the post of Assistant Director, Survey and Settlement Department and consequently, for a direction to the 1st and 2nd respondents to promote the petitioners to the post of Assistant Director, by strictly following the Special Rules for the Tamil Nadu Survey and Land Records Services.

2. The learned Senior Counsel appearing for the petitioners would submit that the present writ petitioners are appointed as Field Surveyors and promoted as Maintenance Field Surveyor, Sub-Inspector of Survey and Deputy Inspector of Survey in the years 2010, 2012 and 2015 and the next level of promotion is Assistant Director of Survey and Settlement and according to the petitioners, all three petitioners are in zone of consideration for next level of consideration as per the communal representation for the year 2025-2026. However, the respondents by exercising power available to them has granted age relaxation to the private respondents, since in respect of Narayanan, he is going to be retired on 28.02.2025 and Narayanamurthy is going to be retired on 30.04.2025. If the age relaxation is granted in favour of the private respondents, the chance of the petitioners for getting promotion in the MBC category will be completely deprived and on the sole ground, the present writ petitions are filed.

3. The learned Senior Counsel for the petitioners would submit that in terms of 4(1) of the Tamil Nadu Survey and Settlement Employment Rules, as on 01.07.2024, if a person crossed 59 years, they are not eligible for granting promotion however, contrary to Rule 4(1), age relaxation was granted in favour of the private respondents and the same is unacceptable one, on the sole ground, the writ petitions are filed for appropriate orders.

4. Per contra, learned Additional Advocate General would submit that the private respondents entered service prior to the petitioners as Field Surveyors and they are subsequently acquired promotion however, they are going to retire on 28.02.2025 and 30.04.2025. Considering the length of service rendered by the private respondents, by exercising power available to the Government, age relaxation was granted in favour of the private respondents and the same cannot be interfered with. He would further submit that in respect of the petitioners in W.P.Nos. 6703 & 6697 of 2025, they are not even in zone of consideration and in respect of petitioner in W.P.No.7606 of 2025, his name was not considered, since he suffered punishment however, if the punishment suffered by the petitioner in W.P.No.7606 of 2025 is modified or varied by way of appeal, his promotion will be considered for the year 2026-2027. He would submit that in respect of petitioners in W.P.Nos.6703 & 6697 of 2025, there are chances of getting promotion for the years 2026-2027 or 2027-2028 and they will be considered in the next two successive panel years.

5. Heard the learned Senior counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondents.

6. The facts of the present case is not in dispute. Admittedly, the private respondents entered service as a Field Surveyors prior to these petitioners and subsequently, they acquired the promotion and reached the feeder category namely, Inspector of Survey and they are going to retire on 28.02.2025 and 30.04.2025 and, prior to retirement, they are in zone of consideration for the promotional post of Assistant Director of Survey and Settlement thereby, they made a representation for age relaxation and the same also forwarded to the Government and the Government, in turn, considered the fact that they are going to retire on 28.02.2025 and 30.04.2025 and by exercising power available to them, given age relaxation to the private respondents. This Court, did not find any malafide intention in granting age relaxation in favour of the private respondents.

7. Admittedly, the petitioner in W.P.No.7606 of 2025, he was in zone of consideration and suffered a punishment thereby, his name was not considered for promotion however, in respect of petitioners in W.P.Nos. 6703 & 6697 of 2025, they are not even in zone of consideration however, their grievance is that if the promotion is not given to the private respondents, they will be getting chance of promotion for the years 2025- 2026 otherwise, next communal rotation will take several years thereby, the present writ petitions filed.

8. In the present case, admittedly, the private respondents already retired on 28.02.2025 and 30.04.2025 however, paragraph 10 of the status report makes it clear that the petitioner in W.P.No.7606 of 2025 is in zone of consideration and, if the punishment is set aside or modified by way of appeal, he will be considered for promotion for the year 2026-2027 and in so far as the petitioners in W.P.Nos. 6703 & 6697 of 2025, they will come into zone of consideration for the years 2026-2027 or 2027-2028.

9. Paragraph 10 of the status report filed by the respondent reads as follows:-

                   “10. It is respectfully submitted that at the same time, the name of Thiru T.Panneerselvam belonging to MBC would be included in the next Panel with respect to ‘communal rotation’ for promotion to the post of Assistant Director of Survey and Land Records, if they are otherwise qualified. The chances of inclusion of the Writ Petitioners in the Panel for the year 2025- 2026 for the post of Assistant Director, Survey and Land Records, Tvl.T.Panneerselvam and D.Sugukumar respectively for the year 2026-2027 or 2027-2028 are possible; whereas in the case of Thiru G.Babu, he has got fair chance of being included in the Panel for the year 2026-2027, provided his punishment is varied or set aside by the competent authority.”

10. In view of the same, the prayer granted in the writ petition cannot be granted accordingly, these Writ Petitions are disposed of in terms of paragraph 10 of the status report. No costs. Consequently, connected miscellaneous petitions are closed.