Mr. V. Ramasubramanian, J.

W.P. (MD) No. 9860 of 2007.

The petitioner in this writ petition rendered temporary service from 1.7.1986 to 30.4.1987 in the Arulmighu Palaniandavar Polytechnic. Later, he rendered temporary service in another polytechnic from 8.6.1987 to 8.6.1988. Thereafter, he was appointed as Instructor (Structural Engineering) with effect from 16.6.1988 in the fourth respondent polytechnic.

2. As per the orders passed in WP. No. 26611 of 1997 dated 20.11.1998, the writ petitioner was promoted to the post of Lecturer with effect from 19.8.1989, after creation of a supernumerary post with retrospective effect. This post was upgraded as Senior Lecturer. The fifth respondent in the writ petition was directly appointed as Lecturer on 30.12.1989. Since the petitioner was promoted as Lecturer only after his success in the writ petition in 1998 with retrospective effect from 19.8.1989, the petitioner claimed seniority. The petitioner was treated as senior to the fifth respondent and was posted as Head of the Department In-Charge. The petitioner was not posted on a regular basis as Head of the Department. Therefore, the petitioner has come up with the above writ petition seeking a Mandamus to direct the respondents to promote him to the post of Head of the Department.

W.P. (MD) No. 6291 of 2009.

3. The petitioner was appointed as Junior Assistant in the polytechnic on 1.7.1986. He was given selection grade and special grade respectively on 1.7.1996 and 1.7.2006, upon completion of 10 years and 20 years of service.

4. A post of Assistant fell vacant on 30.6.2008 due to the retirement of the regular incumbent. The petitioner filed a writ petition in WP(MD)No.899 of 2009 seeking consideration of his representation. The said writ petition was disposed of directing the respondents to consider the representation. However, the representation was rejected by the Commissioner, HR & CE Department by an order dated 29.4.2009 on the ground that the post has to be filled up only by a process of direct recruitment. Therefore, challenging the said proceedings and seeking promotion to the post of Assistant, the petitioner has come up with the above writ petition.

W.P. (MD) No. 7640 of 2013 and W.A. (MD )No. 814 of 2011.

5. The petitioner was appointed as Associate Lecturer in the Mechanical Engineering Department of the polytechnic on 28.12.1989. The post was upgraded as Senior Lecturer after 1997. Claiming that upon completion of five years of service, he became eligible for promotion to the post of Head of the Department on 28.12.1994 itself, the petitioner filed a writ petition in W.P.No.1510 of 2004. It was disposed of with a direction to consider his request. But, the management passed an order dated 13.10.2005 rejecting his request on the ground that the post could be filled up through direct recruitment.

6. Challenging the said order, the petitioner filed a writ petition in W.P. (MD).No.10242 of 2005. The writ petition was disposed of by an order dated 20.7.2011 setting aside the impugned order and directing the respondents to fill up the post of Head of the Department as per the directions contained in G.O. Ms. No.1081 dated 19.8.1989.

7. Aggrieved by the order passed in W.P. (MD) No. 10242 of 2005, the institution filed a writ appeal in W.A. (MD) No. 814 of 2011. The appeal was admitted and an interim stay was granted. Thereafter, contending that the respondents are going to fill up the post by conducting an interview on 14.5.2013, the petitioner came up with a writ petition in WP (MD) No. 7640 of 2013 seeking a Mandamus to forbear the respondents from filling up the post of Head of the Department in all the Departments.

W.A. (MD) No. 772 of 2010.

8. This appeal is filed by the management of the polytechnic challenging an order passed by the learned Judge, allowing a writ petition filed by the first respondent herein.

9. The first respondent was appointed as a Skilled Assistant in the polytechnic on 1.7.1987. While working in the