ORDER

This writ petition is filed for the issuance of a writ of Certiorarified Mandamus, calling for the records of the first respondent relating to (1) G.O. 4(D) No. 5 MSME (E1)(1) Department dated 24.10.2020 and (2) Government Letter No. 8071/E1(1)/2020-3, dated 15.06.2021, quash the order dated 24.10.2020 to the limited extent of denial of arrears of pay consequent on inclusion of name in the panel and promotion, and to quash the order dated 15.06.2021 in its entirety and to issue consequential directions to the respondents to grant all consequential benefits to the petitioner consequent on his empanelment and promotion as Assistant Director of Industries & commerce (S&S), as ordered in the G.O. Dated 24.10.2020 and accordingly disburse arrears of pay and allowances w.e.f. 03.06.2008 to the petitioner and further direct the respondents to include the name of the petitioner in the panel for promotion as Deputy Director (S&S) for the year 2012-2013 in the appropriate place therein and to grant him notional promotion to the said post and to grant all consequential benefits including revision of pensionary benefits, all within a time frame fixed by this Court.

2. The case of the petitioner is that he was working as Assistant in the year 1994 and he was promoted as Survey & Statistical Inspector with effect from 14.06.2005 and after serving in the said post, he was permitted to retire on 31.05.2013, on attaining the age of superannuation. The petitioner's name was included in the panel 2008-2009 with the date of joining duty of his junior for promotion as Assistant Director. Having included in the panel for 2008-2009 for Assistant Director, his name should have included in the panel for promotion to the post of Deputy Director, especially when the vacancy was available. In the case of V. Subbaiyan, Deputy Director, similar request was considered and he was given promotion as Joint Director notionally in G.O.2(D) No.22 dated 01.06.2015. Thereafter, he made several representations for grant of monetary benefits of arrears of pay on account of retrospective promotion in the post of Assistant Director on par with his immediate junior and to grant notional promotion to him as Deputy Director by including his name in the panel for 2012-2013 and for consequential benefits including pensionary benefits in the said post. Since there was response, he had filed W.P.No. 13728 of 2021 before this Court. This Court, by order dated 02.07.2021, issued directions to the first respondent to consider his representation on merits and in accordance with law within 12 weeks. In the meantime, the first respondent by letter No. 8071/E1\(1)/2020-3 dated 15.06.2021 has informed him that no junior to him was promoted as Deputy Director (S&S) before his retirement and his senior Tr.V. Sethupathy and junior Tr.T.s. Chandramohan were included in the panel for the post of Deputy Director (S&S) only during 2015-2016 and joined duty on 4.11.2016 and 28.10.2016 respectively. Therefore, in view of the above, his request seeking for the notional promotion was not considered and no orders were passed with regard to payment of arrears of pay in the post of Assistant Director w.e.f. 03.06.2008 consequent on refixation of seniority and promotion as such.

Hence, the filed the instant writ petition before this Court.

3. This Court has considered the same issue in W.P.No. 14092 of 2015 dated 01.07.2020. The relevant portion of the order is extraction hereinunder:

28.Considering the facts and circumstances of the case and the decision of the Hon'ble Supreme Court and High Courts cited supra and also considering the fact that there are no materials to establish that the respondents have wantonly delayed the petitioner's promotion and there is no taint of malice for the delay, this Court

https://www.mhc.tn.gov.in/judis is of the firm view that the petitioner has not

satisfied the criteria for considering the notional promotion and therefore, the claim of the petitioner seeking n