Mere placement in a promotion panel does not create a vested right; claims for notional promotion made years after retirement are barred by delay and laches.

ORDER :

1. Heard the learned Counsel for the petitioner and the learned Government Advocate for the respondents and perused the record.

2. The petitioner, by this Writ Petition, has assailed the action of the first respondent in issuing communication/proceedings, dated 06.04.2018, whereby, his request for grant of pay scale applicable to the post of Higher Secondary School Headmaster from July, 2011 as per his representation, dated 29.06.2016 was rejected.

3. Briefly put the case of the petitioner is that he was appointed as B.T. Assistant on 09.02.1983 at K.V. Kuppam Government High School, Vellore district; that he was awarded Selection Grade on 09.02.1983 and Special Grade on 09.02.2003; that he was promoted as P.G. Assistant on 28.07.2006 and was appointed as Headmaster on 08.09.2007 at Melravandavadi High School, Thiruvannamalai; that on 01.06.2008, he was transferred to Kattupakkam High School, Vellore district, and thereafter to Machanur Government High School on 01.07.2010; and that he had retired from service on 30.09.2011 on attaining the age of superannuation.

4. It is the further case of the petitioner that the first respondent released the list for the promotion of Higher Secondary School Headmaster as on 01.01.2011; that his name was shown at Serial No.94 and Preference No.9156 in the selection list; that in normal course, the counselling for promotion to the post of Higher Secondary School Headmaster is to be held in the month of June/July of every year; and that however, during the year 2011, such counselling was held on 30.10.2011.

5. The petitioner further conducted that if only the respondents had conducted counselling in the month of June/July of 2011 as was done in the earlier years, since his name was included at Serial No.94, he could have been promoted to the post of Higher Secondary School Headmaster and retired in the said position with attached monetary benefits including the period of extension of service as granted to him i.e., upto the end of Academic Year – May, 2012.

6. It is also contended by the petitioner that due to non-holding of counselling by the respondents, the petitioner was denied the opportunity of promotion as Higher Secondary School Headmaster during the Academic Year 2011-2012 even though his name was included in the panel for promotion as on 01.01.2011 and thus, the action of first respondent in not granting the promotion when it is due, is illegal and arbitrary.

7. It is the further case of the petitioner that he had approached this Court on earlier occasion by filing Writ Petitions vide W.P.No.31609 of 2016 and W.P.No.33965 of 2017 respectively and that this Court, by the order, dated 12.09.2016 in W.P.No.31609 of 2016, directed the first respondent to consider his representation, dated 29.06.2016 and on the first respondent, thereafter passing the order, dated 26.12.2016, the same was quashed by this Court vide its order, dated 03.01.2018 in W.P.No.33965 of 2017 and directed the respondents to consider the representation of the petitioner; and that inspite of the aforesaid direction, the respondents had rejected the representation of the petitioner, dated 29.01.2018 submitted pursuant to the order of this Court, dated 03.01.2018 in W.P.No.33965 of 2017, which action it is contended as highly illegal and arbitrary. Contending the above, the petitioner seeks for setting aside the impugned order with consequential relief.

8. Counter-affidavit on behalf of the respondents is filed. The respondents, by the counter-affidavit, contended that the petitioner was placed in the panel for promotion to the post of Higher Secondary School Headmaster as on 01.01.2011 at Serial No.94 and that the counselling for the promotion t