2026:MHC:2501 WA No. 1750 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WA No. 1750 of 2026 1. K.Pannerselvam, S/o.M.Kasindiran, Forester, Kottapatti Range, Hosur Division, Dharmapuri Circle. 2. A.Annadurai, S/o. Annamalai, Forester, Thenkanikottai Range, Hosur Wildlife Division, Dharmapuri Circle. ..Appellant(s) Vs 1. The State of Tamil Nadu, Rep by its Addl Chief Secreatary to Government, Environment, climate change and Forest Department, Fort.St.George, Chennai 600 009 2. The Principal Chief Conservator of Forest, and Head of Forest Force, Forest Headquarters, Velachery Main Road, Guindy, Chennai -600 032. 3. The Divisional Forest Officer, Social Forestry and Forest Extension Division, Krishnagiri. ..Respondent(s) __________ Page1 of 4 https://www.mhc.tn.gov.in/judis 2026:MHC:2501 WA No. 1750 of 2026 Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed by W.P.No. 39077 of 2025 dt. 17.10.2025 For Appellant(s): Mr.M.Velmurugan For Respondent(s): Dr.R.Gouri, Government Counsel for R1 to R3 JUDGMENT (Judgment of the Court was delivered by S.M.Subramaniam J.)

The governing principles for promotion are well settled. Promotion per se cannot be claimed as an absolute right by an employee. However, consideration for promotion is a right of an employee. All eligible persons waiting for promotion are to be considered whenever an administrative decision is taken to fill up the higher posts. At the time of preparation of the panel, the names of all the eligible persons are to be considered. The eligibility criteria as contemplated under the service rules applicable, are to be scrupulously followed. 2. In the context of the above principles, in the present case, the writ petitioner/appellant working in the Forest Department have been implicated in a criminal case. The criminal case registered in Spl.C.C.No.04/2021 on the file of the Chief Judicial Magistrate, Krishnagiri, is pending for trial. Under those circumstances, the appellant filed a Writ of Mandamus to direct the respondent to consider him for grant of promotion to the post of Forest Range Officer. __________ Page2 of 4 https://www.mhc.tn.gov.in/judis 2026:MHC:2501 WA No. 1750 of 2026

3. The relief as such sought for in the writ petition itself is not maintainable. No direction for grant of promotion be issued by the High Court unless such person is eligible and his name was passed over in contravention to the rules. In the present case, pending criminal case is a bar for grant of promotion. That being the factum, the writ Court has rightly rejected the writ petition and the same stands confirmed. Thus, Writ Appeal stands dismissed. No costs. (S.M.S.,J.) (N.S.,J.) 02-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vsi To 1. The Addl Chief Secreatary to Government, Environment, climate change and Forest Department,Fort.St.George, Chennai 600 009 2. The Principal Chief Conservator of Forest, and Head of Forest Force, Forest Headquarters, Velachery Main Road, Guindy, Chennai -600 032. 3. The Divisional Forest Officer, Social Forestry and Forest Extension Division, Krishnagiri. __________ Page3 of 4 https://www.mhc.tn.gov.in/judis 2026:MHC:2501 WA No. 1750 of 2026 S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. vsi WA No. 1750 of 2026 02-07-2026 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis

2026:MHC:2501 WA No. 1750 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WA No. 1750 of 2026 1. K.Pannerselvam, S/o.M.Kasindiran, Forester, Kottapatti Range, Hosur Division, Dharmapuri Circle. 2. A.Annadurai, S/o. Annamalai, Forester, Thenkanikottai Range, Hosur Wildlife Division, Dharmapuri Circle. ..Appellant(s) Vs 1. The State of Tamil Nadu, Rep by its Addl Chief Secreatary to Government, Environment, climate change and Forest Department, Fort.St.George, Chennai 600 009 2. The Principal Chief Conservator of Forest, and Head of Forest Force, Forest Headquarters, Velachery Main Road, Guindy, Chennai -600 032. 3. The Divisional Forest Officer, Social Forestry and Forest Extension Division, Krishnagiri. ..Respondent(s) __________ Page1 of 4 https://www.mhc.tn.gov.in/judis 2026:MHC:2501 WA No. 1750 of 2026 Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed by W.P.No. 39077 of 2025 dt. 17.10.2025 For Appellant(s): Mr.M.Velmurugan For Respondent(s): Dr.R.Gouri, Government Counsel for R1 to R3 JUDGMENT (Judgment of the Court was delivered by S.M.Subramaniam J.)

The governing principles for promotion are well settled. Promotion per se cannot be claimed as an absolute right by an employee. However, consideration for promotion is a right of an employee. All eligible persons waiting for promotion are to be considered whenever an administrative decision is taken to fill up the higher posts. At the time of preparation of the panel, the names of all the eligible persons are to be considered. The eligibility criteria as contemplated under the service rules applicable, are to be scrupulously followed. 2. In the context of the above principles, in the present case, the writ petitioner/appellant working in the Forest Department have been implicated in a criminal case. The criminal case registered in Spl.C.C.No.04/2021 on the file of the Chief Judicial Magistrate, Krishnagiri, is pending for trial. Under those circumstances, the appellant filed a Writ of Mandamus to direct the respondent to consider him for grant of promotion to the post of Forest Range Officer. __________ Page2 of 4 https://www.mhc.tn.gov.in/judis 2026:MHC:2501 WA No. 1750 of 2026

3. The relief as such sought for in the writ petition itself is not maintainable. No direction for grant of promotion be issued by the High Court unless such person is eligible and his name was passed over in contravention to the rules. In the present case, pending criminal case is a bar for grant of promotion. That being the factum, the writ Court has rightly rejected the writ petition and the same stands confirmed. Thus, Writ Appeal stands dismissed. No costs. (S.M.S.,J.) (N.S.,J.) 02-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vsi To 1. The Addl Chief Secreatary to Government, Environment, climate change and Forest Department,Fort.St.George, Chennai 600 009 2. The Principal Chief Conservator of Forest, and Head of Forest Force, Forest Headquarters, Velachery Main Road, Guindy, Chennai -600 032. 3. The Divisional Forest Officer, Social Forestry and Forest Extension Division, Krishnagiri. __________ Page3 of 4 https://www.mhc.tn.gov.in/judis 2026:MHC:2501 WA No. 1750 of 2026 S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. vsi WA No. 1750 of 2026 02-07-2026 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis