Promotion decisions must be based on lawful criteria, not on non-existent rules, especially when imminent retirement is a factor.

JUDGMENT Dated this the 22^nd day of January, 2026 The petitioner seeks for a direction to the 3^rd respondent to expeditiously consider the representation preferred for granting promotion to the post of Deputy Rubber Production Commissioner (DyRPC) for the reason that sufficient vacancies exist and the petitioner is on the verge of superannuation on 31.01.2026.

2. The petitioner would urge that the respondents ought to have adverted to the fact that the purported Draft Recruitment Rules, 2009, has already been struck down as illegal by this Court and as a necessary corollary, the respondents ought not to have relied upon non-

existent criteria for denying promotion to the petitioner. 3. I have heard the learned counsel for the petitioner and the learned Deputy Solicitor General of India representing the respondents.

4. Taking into consideration the fact that the petitioner's claim is for promotion / notinal promotion and the petitioner is due to retire on 31.01.2026, I am of the view that the competent among the respondents shall consider Ext.P18 representation submitted by the petitioner as expeditiously as possible.

The writ petition is accordingly disposed of directing the 3^rd respondent to consider Ext.P18 representation and pass appropriate orders thereon within a period of two months. It is made clear that this Court has not pronounced anything on the merits of any of the claims made by the petitioner.

Sd/-