JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents to draw the panel for promotion to the post of Reader/Associate Professor in Dental Surgery based on year wise panel from the year 2012-2013 onwards and to effect promotion with eligible persons included in the year wise panel and consequently include the name of the Petitioner in the panel for the year 2012-2013 and to promote him to the post of Reader/Associate Professor in Dental Surgery retrospectively from the date of relevant vacancy, based on his eligibility and seniority with all consequential and other attendant benefits including arrears of salary by considering the representation submitted by the Petitioner dated 16.12.2014.)

1. The relief sought for in the present writ petition is to direct the respondents to draw the panel for promotion to the post of Reader/Associate professor in Dental Surgery based on the year wise panel from the year 2012-2013 onwards and to effect promotion with eligible persons included in the year wise panel and consequently, include the name of the petitioner in the panel for the year 2012-2013 and to promote him to the post of Reader/Associate Professor in Dental Surgery retrospectively from the date of relevant vacancy, based on his eligibility and seniority with all consequential and other attendant, benefits including arrears of salary by considering the representation submitted by the petitioner dated 16.12.2014.

2. The petitioner states that he was appointed as Assistant Surgeon (Dental) through Tamil Nadu Public Service commission (TNPSC) in Tamil Nadu Medical Services on 28.08.2000. His probation was declared and the services were regularized. The petitioner completed his MDS course on March 2007. Thereafter, continued his service as Tutor from 12.04.2007 and the post was re-designated as Assistant Professor Dental Surgery in the Department of Prosthodontics with effect from 12.04.2008. The petitioner was promoted to the post of Senior Assistant Professor in the year 2011, on completion of three years of service with Post Graduation qualification. The next avenue for promotion is to the post of Reader/Associate Professor in Dental Surgery. As per this Special Rules the qualification prescribed is Post Graduation Degree and teaching experience for a period of not less than four years in Dental Surgery in a Dental Institution. The petitioner states that he is fully qualified for promotion to the post of Reader/Associate Professor in Dental Surgery from the year 2012 onwards and as on the crucial date i.e., 15.03.2012 the petitioner was qualified for promotion to the post of Reader/Associate Professor in Dental Surgery.

3. The 2nd respondent prepared the panel for promotion to the post of Reader/Associate Professor in Dental Surgery for the year 2012-2013, in proceedings dated 09.05.2012. However, the panel was not acted upon and the petitioner was not promoted. Subsequently, the Government issued G.O.Ms.No.307 Health and Family Welfare Department dated 31.10.2012, by which 27 Dental teaching posts of various categories were created. The 2nd respondent again prepared a panel for the year 2012-2013 and in the said panel the name of the petitioner was included in S.No.5. However, the panel was not acted upon promotions were not granted.

4. Instead of preparing the regular panel for promotion the Government issued G.O(D).No.1289 Health and Family Welfare Department dated 25.11.2013, by which 25 posts of Associate Professors in the Government Dental Colleges and Hospitals filled up through temporary Doctors under Rule 39 (a) (i).

5. The learned counsel for the petitioner made a submission that when the regular panel was prepared for promotion to the post of Reader/Associate Professor in Dental Surgery and thereafter, by creating 25 posts of Associate Professors, the respondents have promoted certain unqualified persons under Rule 39 (a) (1). Such t