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ABDUL QUDDHOSE
G. Subbaram – Appellant
Versus
Director of School Education, Directorate of School Education, Chennai – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to declare the petitioner's probation as Junior Assistant from the date of the petitioner's promotion and grant the consequent increments, retirement benefits and revision of pension.
1. This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to declare the probation of the petitioner as Junior Assistant from the date of the petitioner's promotion and grant the consequent increments, retirement benefits and revision of pension. The petitioner had given a representation on 01.05.2017 to the respondents for the aforementioned relief.
2. For the representation sent by the petitioner, a reply was received from the second respondent pointing out certain defects in the proposal submitted by the fourth respondent for declaring the probation of the petitioner as Junior Assistant.
3. As seen from the reply sent by the second respondent, the deficiencies have to be rectified by the fourth respondent and re-submit it to the second respondent for consideration, in respect of the declaration of probation of the petitioner a
The right to timely promotion and payment of due increments under the Career Advance Scheme is essential for fair administrative action in public service.
Legal proceedings must address current and relevant issues; if an issue becomes moot, the court will dismiss the case.
The court reaffirmed the principle that retirement benefits must be disbursed in a timely manner and that individuals have the right to seek redress for delayed payments.
The court has the power to issue a mandamus to direct an authority to consider a representation for promotion and take appropriate action within a specified time frame.
Promotion cannot be claimed as a matter of right by an employee, but consideration for promotion is a Fundamental Right.
A writ petition becomes moot and is subject to dismissal when the relief sought has already been achieved by the petitioner.
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