1. The prayer in the Writ Petition is for a Writ of Certiorarified Mandamus, to call for the records and to quash the proceedings of the 1st respondent in R.No.138893/MP.I/S3/07, dated 23.01.2009 and to direct the respondents to promote the petitioner to the post of Basic Health Inspector, Block Health Supervisor, grant of Selection Grade Health Inspector and Selection Grade Block Health Supervisor, Special Grade Health Inspector with effect from the date on which his immediate junior one S. Kalaivanan had been given such promotions and to disburse all the arrears due to the petitioner including the revised pensionary benefits within the time stipulated by this Court.

2. The case of the petitioner, as has been culled out from the affidavit filed by the petitioner is that, the petitioner was appointed as Surveillance Worker on 09.08.1963. The said post was re-designated as Surveillance Field Worker. The service of the petitioner in the post of Surveillance Field Worker was regularised from 01.07.1966 and it was re-designated as Basic Health Worker. Thereafter, the petitioner had passed the Sanitary Certificate Course in the month of January 1972. Subsequently, the petitioner had been given promotion to the post of Basic Health Inspector on 04.12.1973, however, for want of vacancy, he was reverted to the post of Basic Health Worker on 19.07.1975.

3. The petitioner again joined at the post of Basic Health Worker on 01.08.1975. Thereafter, he was given promotion to the post of Multi Purpose Health Supervisor on 01.02.1999. The said promotion was given, pursuant to the integration to the post of Multi Purpose Health Supervisor. Since then, the petitioner had been continuously working either as Multi Purpose Health Supervisor or as Health Inspector Grade-I in the Primary Health Level Sector.

4. Originally, the petitioner was given Special Grade in the post of Basic Health Worker in the year 1988. However, consequent to the V Pay Commission Recommendations, he was given Special Grade scale of pay in the post of Multi Purpose Health Supervisor. The petitioner therefore had been working as Multi Purpose Health Supervisor, presently known as Health Inspector Grade-I and he retired from service on attaining the age of superannuation on 29.02.2000.

5. In these track records of service of the petitioner, the grievance of the petitioner appears that though the petitioner's service was regularised as Basic Health Worker from 01.07.1966, some of the juniors of the petitioner, who had also worked as Basic Health Worker, had been given re-designation to the post of Basic Health Inspector with effect from 01.07.1966. It is also the case of the petitioner that when he was working as Multi Purpose Health Supervisor, an integrated seniority list in the post of Multi Purpose Health worker was released by the 1st respondent vide his proceedings dated 09.08.1995. On perusal of the said integrated seniority list, it discloses that the petitioner's seniority had been fixed or has been shown as Sl.No.359, whereas the seniority of one S. Kalaivanan had been shown as Sl.No.806.

6. It is the further case of the petitioner that after some years only, the petitioner came to know that the said Kalaivanan had got his promotion to the post of Basic Health Inspector with effect from 01.07.1966, i.e., the date exactly on which his service has been regularised as Basic Health Worker like the petitioner.

7. Further, it is the case of the petitioner that the said individual, namely, Kalaivanan was originally appointed as Surveillance Field Worker only subsequent to the petitioner's appointment on 03.05.1965, at Thanjavur Health Unit. The petitioner earned his promotion to the post of Multi Purpose Health Supervisor on 01.02.1989, whereas the said Kalaiavanan was given promotion to the post of Multi Purpose Health Supervisor on 01.01.1990. Therefore, comparing with the two dates and other dates between the petitioner and the individual in all aspects i.e., the dat