Madras High Court
Unknown vs The State Of Tamil Nadu on 7 August, 2025
W.P.(MD) Nos.29090, 25418, 25772 & 32302 of
2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date of Reserving the Order Date of Pronouncing the Order
16.10.2025 & 13.11.2025 26.11.2025
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025
and
W.M.P.(MD) Nos.19910, 19911, 19912, 20164, 20166, 20167, 20503,
20505, 22552, 22553 & 22556, 25408, 25410 & 25411 of 2025
W.P.(MD) No.29090 of 2025:
1.M.Kumar
2.A.Abishek
3.P.Muralimanickam
4.M.Nivedhitha
5.M.Kumaresan
6.S.Gowtham
7.G.Amirthaharshini
8.T.Jegadeesh
______________
Page 1 of 24
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm )
W.P.(MD) Nos.29090, 25418, 25772 & 32302 of
2025
9.P.Manoranjitham
10.T.Balamurugan
11.A.Ramya
12.C.Pushpa Leelajayarani
13.P.Karthika
14.I.Mustaq Ahamed
15.A.Durai Basakar
16.G.Karpagam
17.A.Abirami
18.A.Ragavi Meera
19.J.Jerlin Obhelia
20.G.Ranya
21.A.Sowmiya
22.B.Nithya
23.B.Sathesh
24.M.Maveeran
25.R.Karuppusamy
26.K.Arul Priya
27.M.Velmurugan
______________
Page 2 of 24
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm )
W.P.(MD) Nos.29090, 25418, 25772 & 32302 of
2025
28.T.Prasanth
29.C.Arun Kumar
30.V.Akhila
31.C.Sivan
32.M.Ajith Kumar
33.R.Sainath
34.K.Gayathiri
35.M.Muniyappan
36.M.Rathimeena
37.C.Brindha
38.P.Prema
39.K.C.Sri Senbagavalli
40.A.Vanisri
41.R.Pravin
42.P.Pandiavel
43.V.Kanmani
44.N.Shalini
45.R.Muneeswaran
______________
Page 3 of 24
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm )
W.P.(MD) Nos.29090, 25418, 25772 & 32302 of
2025
46.I.Arumugam
47.P.Sri Seenivasan
48.P.Pachiyappan
49.S.Usha
50.P.Durgambika
51.D.Kalpanadevi
52.J.Mahalakshmi
53.K.Aravindhkumar ... Petitioners
-vs-
1.The State of Tamil Nadu
rep.by its Additional Chief Secretary
Planning, Development and
Special Initiatives Department
Secretariate, Chennai
2.The State of Tamil Nadu
rep.by its Principal Secretary
Finance Department
Secretariate, Chennai
3.The Principal Secretary / Commissioner
Department of Economics and Statistics
DMS Campus, Thenapet, Chennai-600 006 ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
______________
Page 4 of 24
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm )
W.P.(MD) Nos.29090, 25418, 25772 & 32302 of
2025
a writ of certiorarified mandamus calling for the records pertaining to the
order passed by the 1st respondent in G.O.Ms.No.118 Planning and
Development and Special initiatives Department dated 07.08.2025 and
consequential order passed by the 3rd respondent in his proceedings in Letter
No.19637/C1/2025 dated 12.09.2025 and quash the same and further direct
the respondents to permit to continue the technical post without any
interference.
For Petitioners : Mr.G.Sankaran, Senior Counsel
assisted by Mr.K.Hema Karthikeyan
For Respondents : Mr.M.Siddharthan
Additional Government Pleader
W.P.(MD) No.25418 of 2025:
1.S.Karthik Kannan
2.R.Thangaraj
3.K.Shanmugapriya
4.S.Maruthu Pandiyan
5.S.Natarajan ... Petitioners
-vs-
1.The State of Tamil Nadu
rep.by its Additional Chief Secretary
______________
Page 5 of 24
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm )
W.P.(MD) Nos.29090, 25418, 25772 & 32302 of
2025
Planning, Development and
Special Initiatives Department
Secretariate, Chennai
2.The State of Tamil Nadu
rep.by its Principal Secretary
Finance Department
Secretariate, Chennai
3.The Principal Secretary / Commissioner
Department of Economics and Statistics
DMS Campus, Thenapet, Chennai-600 006
4.Suresh Subash Chandrabose
5.A.Babu
6.T.Iseravel Thankaraj
7.Santhanakrishnan
8.S.Muthukumar Subramanian
9.S.Ganesan
10.K.Malarvizhi Karmegam
11.Hariharan Chidambaram
12.S.Kavitha
13.Muthulakshmi
14.A.Sankari ... Respondents
[R4 to R14 are impleaded vide court
order dated 25.09.2025 in W.M.P.(MD)
No.20503 of 2025]
______________
Page 6 of 24
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm )
W.P.(MD) Nos.29090, 25418, 25772 & 32302 of
2025
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorarified mandamus calling for the records pertaining to the
order passed by the 1st respondent in G.O.Ms.No.118 Planning and
Development and Special Initiatives Department dated 07.08.2025 in so far as
conversion of Statistical Inspector (District Headquarters) 32 posts as
Superintendent and consequential order passed by the 3rd respondent in his
proceedings in Letter No.19637/C1/2025 dated 12.09.2025 and quash the
same and further direct the respondents to permit to continue the technical
post without any interference.
For Petitioners : Mr.V.Panneerselvam
For Respondents : Mr.M.Siddharthan
Additional Government Pleader for R1 to R3
Mr.V.R.Shanmuganathan for R4 to R14
W.P.(MD) No.25772 of 2025:
G.Krishnaveni
2.V.Balaji ... Petitioners
-vs-
1.The State of Tamil Nadu
rep.by its Additional Chief Secretary
to Government
______________
Page 7 of 24
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm )
W.P.(MD) Nos.29090, 25418, 25772 & 32302 of
2025
Planning Development and
Special Initiatives Department
Secretariate, Chennai-600 009
2.The Principal Secretary / Commissioner
Department of Economics and Statistics
Chennai-600 006
3.The Deputy Director of Statistics
District Statistics Office
Ramanathapuram-623 501
4.The Deputy Director of Statistics
District Statistics Office
Sivagangai ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorari calling for records pertaining to the impugned Government
Order in G.O.Ms.No.118, Planning Development and Special Initiatives (ST.3)
Department dated 07.08.2025 passed by the 1st respondent and quash the
same as illegal in so far as conversion of 32 posts of Statistical Inspector into
that of Superintendent is concerned.
For Petitioners : Mr.H.Mohammed Imran
for M/s.Ajmal Associates
For Respondents : Mr.M.Ajmal Khan AAG
Assisted by Mr.F.Deepak
Special Government Pleader
______________
Page 8 of 24
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm )
W.P.(MD) Nos.29090, 25418, 25772 & 32302 of
2025
W.P.(MD) No.32302 of 2025:
1.P.Murugesh
2.K.Maragathavalli
3.P.Kaliraja
4.M.Balasubramani ... Petitioners
-vs-
1.The State of Tamil Nadu
rep.by its Additional Chief Secretary
to Government
Planning Development and
Special Initiatives Department
Secretariate, Chennai-600 009
2.The Principal Secretary / Commissioner
Department of Economics and Statistics
Chennai-600 006
3.The Deputy Director of Statistics
District Statistics Office
Kaniyakumari – 623 501. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorari calling for records pertaining to the impugned Government
Order in G.O.Ms.No.118, Planning Development and Special Initiatives (ST.3)
Department, dated 07.08.2025 passed by the 1st respondent and quash the
same as illegal in so far as conversion of 32 posts of Statistical Inspector into
that of Superintendent is concerned.
______________
Page 9 of 24
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm )
W.P.(MD) Nos.29090, 25418, 25772 & 32302 of
2025
For Petitioner : Mr.S.Chellapandian
For Respondents : Mr.M.Siddharthan
Additional Government Pleader
COMMON ORDER
These Writ Petitions had been filed to quash the impugned Government Order in G.O.Ms.No.118, Planning Development and Special Initiatives (ST.3) Department dated 07.08.2025 passed by the first respondent as illegal in so far as conversion of 32 posts of Statistical Inspector into that of Superintendent is concerned.
2. Heard Mr.G.Sankaran, learned Senior Counsel, Mr.V.Panneerselvam, Mr.H.Mohammed Imran and Mr.S.Chellapandian, learned counsels appearing for the petitioners and Mr.M.Ajmal Khan, learned Additional Advocate General assisted by Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents & Mr.F.Deepak, learned Special Government Pleader appearing for the respondents.
3.The petitioners in these Writ Petitions are working as Assistant ______________ Page 10 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 Statistical Inspectors whose next promotional avenue is statistical Inspectors. The claim of the Assistant Statistical Inspectors is that by conversion of the post under the Government order they would lose their promotional opportunity as Statistical Officers and the case of the Statistical Inspectors are that in view of the conversion of the post they would also be losing their promotional opportunities apart from the fact that they would be transferred to other places where they have now been posted pursuant to the Transfer Counseling held.
4. The learned counsels appearing on behalf of the petitioners would at the outset submit that no reasons have been assigned in the Government order as to why the proposals submitted by the Committee had been modified in conversion of the posts by creating new cadres in the ministerial cadre. They would all submit that for creation of post in the ministerial cadre there was no necessity to convert the post in the technical cadre.
5. The further contention is that no opportunities had been given to the stakeholders namely the persons working in the technical wing of the statistical department to put forth their case before the conversion was made. They would submit that in view of the conversions, the persons working in the ______________ Page 11 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 technical wing would lose their promotional opportunities and also their desired place during the transfer counseling as the said conversion would take away such post from the technical cadre, affecting their conditions of service. Under G.O(Ms).No.90 dated 02.07.2012 accepting the recommendations of the High Power Committee, the staff pattern was restructured strengthening the technical wing.
6. They would further submit that the ministerial staffs of the department had promotional avenue till the post of superintendent apart from they having promotional opportunities as Assistant Statistical Inspectors from where they can also be promoted to as Statistical Inspectors and further up the ladder in the technical wing provided they have required qualification.
7. They all would further submit that conversion of post of Assistant Director, Admin and Assistant Director of Statistics, Accounts as Administrative Officer and Administrative Officer, Accounts would directly affect the administration of the department in the technical. They would also further contend that such conversion is wholly unwarranted as the ratio for the superintendent viz a viz Assistant/ Junior Assistant envisaged under the ______________ Page 12 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 Government order in G.O.(Ms).No.595 would stand obliterated in Statistics Department in view of the conversion.
8. The increase in the technical cadre has only taken place by way of deputation and not by increasing the cadre strength. The deputed staffs working in the technical wing will be governed by their parental department and therefore, the reasons attributed to increase the ministerial staffs cannot be said to be good. A strong contention had been placed that the said Government order had not been made in exercise of powers under Article 309 of Constitution and even if it assumed that it has been made, the same has not been published in the official gazette by following the process of law. Hence, they would seek to quash the Government order under G.O.(Ms).No. 118 impugned in this Writ Petition.
9. Countering their arguments, the learned Additional Advocate General would submit that based upon the representations of the Tamil Nadu Economics and Statistics Department Officers Association a proposal had emanated for creation of separate channel for ministerial staffs including creation of 92 posts at various levels. The Government has also suggested for ______________ Page 13 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 conversion of the technical post to ministerial post. A Committee was constituted to examine the matter in detail and on 29.12.2021, the Committee had recommended creating a dedicated ministerial unit by converting 52 technical posts to non-technical post to ensure smooth administration of accounts without any additional expenditure to the Government's exchequer.
10. After examining the report of the Committee, a proposal had also been submitted by the Department on 31.12.2021. thereafter, remarks was called for from the Government was clarified by the Department in its communication dated 30.09.2024. By the impugned Government order 38 new posts under 4 categories were created on the ministerial side. Such conversion not only creates promotional opportunities for the ministerial staffs, but also would ensure the better administration of the technical cadre.
11. He would further submit that on the ministerial side hitherto superintendent alone was the Senior most officer. Taking into consideration, the increase of the technical staff from 2012 which was fixed in G.O.(Ms).No. 90, for better administration new posts were created in the cadre of Administrative Officers and Junior Administrative Officers, apart from also ______________ Page 14 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 strengthening the posts of superintendents. He would further submit that in the post of Statistical Inspectors which had a sanctioned strength of 738 as of this date 121 posts are vacant. Therefore, there can be no apprehension on the part of the serving Assistant Statistical Inspectors to be promoted as Statistical Inspectors as and when the acquired qualification for promotion.
12. He would further submit that out of total sanctioned strength of 738 post of Statistical Inspectors only 34 posts in the cadre of the Statistical Inspectors have been converted to superintendents for the purpose of creating an avenue for promotion for the assistants working in the department. He would further submit that as per the statistics would indicate that there has always been vacancy in the sanctioned post of Statistical inspector more than 100 atleast for the past four years as there was no available candidate for the promotion to the said post. Hence, conversion of the 34 posts would in no manner prejudice the Assistant Statistical Inspectors who would always be promoted in the vacant post as per their eligibility.
13.He would rely upon the judgment of the Hon’ble Apex Court reported in (2004) 9 SCC 65 and would contend that it is the duty of the Government ______________ Page 15 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 to create promotional avenues to its employees. Further relying upon the judgment of the Hon’ble Apex Court reported in 2008 (10) SCC 1 would contend that creation and abolition of post, formation and structuring/ restructuring of cadres prescribing its source and mode of recruitment and qualification criteria are matters which fall within the exclusive domain of the employer. In such cases, the Court cannot sit on an appeal over the judgment of the employer and only if it is shown that the action of the employer is contrary to any constitution or statutory provisions or is patently arbitrary or vitiated by malafidies, the Court could exercise it's power of judicial review.
14. At this juncture, this Court had queried upon the learned Additional Advocate General as to why when a proposal to convert 52 posts was made, it has been down sized to 38 posts, for which no reasons have been found in the Government order. The learned Additional Advocate General would submit that the files would contain the minutes of the meeting of the Government which would disclose the reasons for such down sizing and would assure this Court that such minutes would be placed in a sealed cover before this Court. Such sealed cover was also placed before this Court. ______________ Page 16 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025
15.The learned counsels appearing for the impleaded respondents who work as Assistants in the ministerial wing of the statistical department would submit that originally the Assistants working in Department of Economics and Statistics were given 12% of promotional opportunity from Assistant to Statistical Inspectors provided they possess 5 years of experience which was raised to 16% from 1997 to 2013.
16. By Government order in G.O(Ms)No. 8 of the Department dated 31.01.2013, such promotional avenue was taken away by leaving them without any promotional opportunity by envisaging a onerous qualification of degree in Economics/ Statistics and Maths and passing of the department test in Statistics conducted by the Tamil Nadu Public Service Commission. After the said Government order they have all lost their normal promotional opportunity without clearing the onerous qualifications fixed under the Government order of the year 2013. He would further support the contentions of the learned Additional Advocate General that the cadre strength of the technical staff had swelled from 2012 to the present date but the cadre strength of the ministerial staff remain the same and this conversion would not only help the ministerial staff to further advance in their career but also ______________ Page 17 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 strengthen the administration which was hitherto headed by the superintendent by creation of post of Administrative Officers and Junior Administrative Officers on the administration and accounts side. He would also pray this Court to take judicial notice of the fact of the economical development of this Country. Therefore, he prays this Court to dismiss the Writ Petitions.
17. I have considered the submissions made by the learned counsels appearing on either side and perused the materials available on record.
18. The Hon’ble Apex Court in the judgment in the case of Official Liquidator vs. Dayanand & Ors reported in 2008 (10) SCC 1 had categorically held that it is the employer who has the prerogative for creating and abolishing the posts and the Courts cannot sit over in Appeal or judgment except to exercise the judicial review to find out whether there has been any constitutional or statutory violations or whether it is patently arbitrary or vitiated by malafides. For better appreciation, the relevant paragraph is extracted hereunder:-
59. The creation and abolition of posts, formation and ______________ Page 18 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 structuring/ restructuring of cadres, prescribing the source and mode of recruitment and qualifications and criteria of selection etc. are matters which fall within the exclusive domain of the employer. Although the decision of the employer to create or abolish posts or cadres or to prescribe the source or mode of recruitment and lay down the qualification etc. is not immune from judicial review, the Court will always be extremely cautious and circumspect in tinkering with the exercise of discretion by the employer. The Court cannot sit in appeal over the judgment of the employer and ordain that a particular post or number of posts be created or filled by a particular mode of recruitment. The power of judicial review can be exercised in such matters only if it is shown that the action of the employer is contrary to any constitutional or statutory provisions or is patently arbitrary or vitiated by malafides.
19. It is trite law that in a policy decision, the Court’s law of interference is limited by exercise of power under judicial review to the extent of its vires to the constitutional and statutory provisions, arbitrariness, malafides and unreasonableness. There has been no arguments of statutory violations and ______________ Page 19 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 malafides made. An attempt has been made to contend that there has been a violation of Article 309 of Constitution of India. The cadre strength of the Statistical Department had been fixed by the Government order in G.O. (Ms).No.90 Planning Development and Special Initiatives (ST.2&E) Department, dated 02.07.2012, various posts in the technical side were newly created. Out of 580 existing posts in the cadre of Statistical Inspectors, 10 posts was disbanded, but however as of today the cadre strength of the Statistical Inspector is 738 similarly 45 posts which was disbanded in the category of Assistant Statistical Inspectors from 283 now stands at 266. But, on the contrary, the ministerial staffs strength remains the same except for creation of certain posts in 2012 in the cadre of post of Assistant, Driver and record Clerk.
20. The object of the said Government order was to strengthen the non- technical wing of the Statistical Department with the increase in cadre strength of the technical wing from the year 2012 to the present date, as there has been no corresponding increase of the ministerial staffs. It is also the claims of the petitioners that in respect of certain districts ministerial staffs are over numbered to the technical staffs which has also not been taken ______________ Page 20 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 into consideration. It is for the Government to address the said issue and the Court cannot sit over the decision of the Government in the manner in which the technical and the ministerial staffs are distributed.
21. A perusal of the minutes that has been placed before this Court in which a decision to issue the Government order was passed would indicate that the Government had considered various aspects such as balancing the technical wing and the ministerial wings by considering the representation of the ministerial staffs in restructuring the cadre strength of technical wing and the ministerial wing by conversion of posts from the technical wing to the ministerial wing has been taken. The Government had also taken into consideration the financial implications in such conversions which would also protect the Government of their fiduciary responsibilities. Statistics has also been given with regard to the conversion cadre which stands at very minimal position.
22. Discussions also would further reveal that the claim made by the petitioners that they are sufficient number of ministerial staffs brought into the technical side would not be the correct position that since the Report indicates that from 2013 to 2021 only 7 of the ministerial staffs had got ______________ Page 21 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 promoted as Assistant Statistical Investigator, even out of 24 posts that is reserved for them by obtaining necessary qualifications prescribed under Government order under G.O.(Ms).No.8, dated 13.01.2013.
23. For the aforesaid reasons this Court do not find any violation of constitutional provisions, arbitrariness, unreasonableness or maladies in issuing the Government orders impugned in these Writ Petitions.
24. For the aforesaid reasons, these Writ Petitions fail and are accordingly dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are also closed.
NCC : Yes / No 26.11.2025
Index : Yes / No
Internet : Yes / No
Gba
Note: The sealed cover that had been received and perused by this Court shall be kept in a sealed cover and return the same to the learned Additional Advocate General.
______________ Page 22 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 To:
1.The Additional Chief Secretary, Planning, Development and Special Initiatives Department, State of Tamil Nadu, Secretariate, Chennai.
2.The Principal Secretary, Finance Department, State of Tamil Nadu, Secretariate, Chennai.
3.The Principal Secretary / Commissioner, Department of Economics and Statistics, DMS Campus, Thenapet, Chennai-600 006.
4.The Deputy Director of Statistics, District Statistics Office, Ramanathapuram-623 501.
5.The Deputy Director of Statistics, District Statistics Office, Sivagangai.
6.The Deputy Director of Statistics District Statistics Office Kaniyakumari – 623 501.
______________ Page 23 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm ) W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 K.KUMARESH BABU, J.
Gba PRE-DELIVERY COMMON ORDER IN W.P.(MD) Nos.29090, 25418, 25772 & 32302 of 2025 and W.M.P.(MD) Nos.19910, 19911, 19912, 20164, 20166, 20167, 20503, 20505, 22552, 22553 & 22556, 25408, 25410 & 25411 of 2025 26.11.2025 ______________ Page 24 of 24 https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 12:47:37 pm )