WP/33369/2023 of S.UMAPATHY Vs THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF TAMILNADU,

WP No. 33369 of 2023 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-04-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ WP No. 33369 of 2023 and WMP No.33098 of 2023 1. S.Umapathy S/o.S.Shanmugam, No.45, Shanmuga Sundaram Nagar, II Street, Madavarm, Chennai-600 060. 2. J.Raveendran, S/o.Jayaram, N0.25, Ponniamman Kovil Street, Vanjur Village, Katpadi Taluk, Vellore District. 3. B.Kumar S/o.M.Balakrishnan, No.19, Rajaji Street, Manavalan Nagar, Trivallur-602 002. 4. C.K.Sunil Kumar S/o.A.Chellam, Ck Illam, Madhanpulla, Palukal, Kanniyakumari District-629 170. 5. S.Dhanasekaran, S/o.Shanmugam, Plot No.110, Ezhil Nagar Main Road, Surapee, Chennai-66. ..Petitioner(s) Vs 1. The Principal Secretary To The Government Of Tamilnadu, Handlooms, Handicrafts, Textiles And Khadi (f1) Department, Secretariat, Chennai-600 009. 2. The Chief Executive Officer Tamilnadu Khadi And Village Industries Board, Kuralagam, Chennai-600 104. ..Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 33369 of 2023 __________ Page2 of 6 PRAYER: Writ Petition filed under Article 226 of the Constitution of India , pleased to issue a Writ of Certiorarified Mandamus, calling for t he records in respect of the impugned order / letter No.10559/e (2) / 2023 dated 18.10.2023 issued by the 2nd respondent, Chief Executive Officer, Tamilnadu, Khadi a nd Village Industries Board, Kuralagam Building, Chennai 600 104 and quash the same. For Petitioner(s): Mr.R.Ramachandran For Respondent(s): Mr.V.Jeevagiridharan, Additional Govt. Pleader, for R1 Mr.C.Rajakumar, for R2 ORDER The present Writ Petition is filed for a Writ of Certiorarif ied Mandamus to quash the impugned order/communication dated 18.10.2023 issued by the second respondent. 2. Petitioners vide impugned orders were reverted to their feeder category from the post of Junior Assistant without any enquiry or any prior notice, thus in gross violation of principles of natural justice. 3. Petitioners herein had served in the following positions in the second respondent organisation as set out hereunder: https://www.mhc.tn.gov.in/judis WP No. 33369 of 2023 __________ Page3 of 6 S.Umapathy as Watchman on 09.01.1991 J. Raveendran as Watchman on 12.09.1989 B.Kumar as Leather Supervisor Grade IV on 24.04.1995 C.K.Sunil Kumar as Bee Filed Man Grade III on 14.10.1993 S.Dhanasekaran as Office Assistant on 20.05.1992 4. Second respondent, vide a letter dated 24.03.2016 addressed to the Regional Offices, informed about preparation of panel for the post of Juni or Assistant for the year 2016, taking crucial date as 15.02.2016. Persons to be empanelled should pass departmental test in addition to the qualifica tions that they should pass SSLC examination with five years experience in the previous post. Pursuant thereto petitioners were promoted to the post of Junior Assistant. 5. While so, a Writ Petition in WP (MD) No.8113 of 2021 dated 18.03.2022 was filed before the Madurai Bench of Madras High Court seeking a Writ of Mandamus to direct the second respondent to take action against the third respondent viz., the CEO, Khadi and Village Industrial Board, Kur alagam, on the basis of the representation made by the petitioner therein, w herein it was submitted that the appointments of the petitioners were illegal a nd the Madurai https://www.mhc.tn.gov.in/judis WP No. 33369 of 2023 __________ Page4 of 6 Bench of Madras High Court to the above Writ Petition had directed the second respondent to proceed with the complaint in accordance with law. 6. Pursuant thereto an enquiry was conducted and consequent to the enquiry report, petitioners were reverted to the previous post held by them. It is submitted by the learned counsel for the petitioners, the above order of reversion has been made without informing the petitioners about the enquir y or even putting the petitioners on notice and thereby suffers from violat ion of principles of natural justice. To a pointed question if the petitione rs had been enquired or if submissions had been made by them, it was noted that the entire enquiry was behind their back without even being put on notice. 7. Learned counsel for second respondent would submit that they would issue notices to the petitioners, afford them a hearing and pass appro priate orders in accordance with law. This was agreed to by the learned counsel for the petitioners. 8. In view thereof, the writ petition stands disposed of with a direction to the second respondent to conduct an enquiry after issuing notices to the petitioners, after affording reasonable opportunity of hearing to the pe titioners and other interested persons, on its own merits and pass appropriat e orders in https://www.mhc.tn.gov.in/judis WP No. 33369 of 2023 __________ Page5 of 6 accordance with law, within a period of two months from the dat e of receipt of a copy of this order. There shall be no order as to costs. Conseque ntly, connected miscellaneous petition is closed. 06-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No jv To 1. The Principal Secretary To The Government Of Tamilnadu, Handlooms, Handicrafts, Textiles And Khadi (f1) Department, Secretariat, Chennai-600 009. 2. The Chief Executive Officer Tamilnadu Khadi And Village Industries Board, Kuralagam, Chennai-600 104. https://www.mhc.tn.gov.in/judis WP No. 33369 of 2023 __________ Page6 of 6 MOHAMMED SHAFFIQ, J. jv WP No. 33369 of 2023 06-04-2026 https://www.mhc.tn.gov.in/judis