Madras High Court Upholds Amendment Allowing District Judges To Be Appointed As TN Lokayukta Secretary
Upasana Sajeev
3 Sept 2026 8:15 PM IST
The Madras High Court recently upheld an amendment brought in by the Tamil Nadu Government, allowing the appointment of serving and retired District Judges as Secretaries of the Tamil Nadu Lokayukta. [2026 LiveLaw (Mad) 426]
The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan noted that Section 9(1) of the Tamil Nadu Lokayukta Act only prescribed a minimum baseline of official seniority and status and did not create an absolute bar against appointing judicial officers who satisfy or exceed that requisite rank.
The court held that allowing District Judges to serve as Secretary on deputation or contract was entirely consistent with the scheme of the parent Act.
"District Judges in the State Judicial Service indisputably hold a cadre and status well above or equivalent to a Deputy Secretary to the Government. Delegated rule-making under Section 44(2)(d) of the Act explicitly empowers the State Government to frame rules regarding the conditions of service and appointment modes. Thus, allowing District Judges to serve as Secretary on deputation or contract is entirely consistent with the scheme of the parent Act," the court said.
The court thus dismissed a public interest litigation challenging the eligibility criteria for the appointment of Secretary to the Tamil Nadu Lokayukta. The bench held that there was no violation of statutory provisions or constitutional guarantees under Article 14 and 19 of the Constitution.
“In conclusion, the impugned G.O.Ms.No.84 of 2020 is valid and within the statutory competence of the State Government. The petitioner has failed to establish any violation of statutory provisions or constitutional guarantees under Articles 14 and 19 of the Constitution of India,” the court said.
The court was hearing a petition filed by an Advocate, V Jeevakumar, challenging a Government Order issued by the Personnel and Administrative Reforms Department of the State Government amending Schedule -II of Rule 18 of the Tamil Nadu Lokayukta Rules, 2018, which provides the method for appointment of members.
The GO had amended the method for recruitment of the Secretary and enabled appointment either by transfer from among Secretariat officers holding the rank of Additional Secretary, Joint Secretary, or Deputy Secretary, or by deputation/re-employment/contract of a serving or retired District Judge from the Tamil Nadu State Judicial Service.
The petitioner argued that the amendment violated Rule 9(1) of the Tamil Nadu Lokayukta Act, 2018, which mandated that the Secretary shall be an officer not below the rank of Deputy Secretary to the Government. It was thus argued that by including serving and retired District Judges, the executive had exceeded the rule-making power.
The State, on the other hand, submitted that Section 9(1) only prescribed the minimum threshold of rank and status. It was submitted that a District Judge was indisputably held a rank higher than that of a Deputy Secretary to Government. The State also argued that since the duties of Lokayukta was quasi-judicial, including conducting court litigation, briefing law officers, interacting with police investigative wings and managing judicial registries, a judicial background was beneficial. The State also challenged the belated filing of the plea, with respect to an amendment that was brought in way back in 2020.
The court agreed with the State and noted that though the amendment was brought in July 2020, the petition was filed only in June 2026.
Thus, the court concluded that the GO under challenge was valid and within the statutory competence of the State Government. The court thus dismissed the plea.
Counsel for Petitioner: Mr. M. Velmurugan
Counsel for Respondent: Mr. S. Arjun Suresh Additional Advocate General assisted by Mr. L. Gokulraj Addl Government Pleader
Case Title: V Jeevakumar v The Secretary to Government and Others
Citation: 2026 LiveLaw (Mad) 426
Case No: WP No 24726 of 2026
