ORDER

This Writ petition has been filed seeking to issue a Writ of Mandamus directing respondents to pass orders on the representation made by the petitioner dated 19.08.2019 for revision of seniority in the cadre of Deputy Inspector of Survey notionally for the purpose of further promotion to the post of Inspector of Survey and grant him all consequential service and monetary benefits, including pensionary benefits within a reasonable time as fixed by this court.

2. The case of the petitioner in brief.

The petitioner was entered into service as Section Writer in the Revenue Department in Chengalpattu Taluk in the year 1980 and thereafter, he was promoted as Surveyor/Draftsman on 24.12.1982. Again, he was promoted Sub Inspector of Survey on 01.10.1991 and he retired from service on 30.09.2014, holding the same post. As per the seniority list prepared for the combined Kancheepuram District, his name appeared in Sl.No.29 and when the Tiruvallur District was bifurcated from Kancheepuram District, his name appeared in Sl No.43. According to the petitioner, though he passed all the tests by December 1997, he was not promoted as Deputy Inspector of Survey, during his service and his juniors namely Mr.Murali, Gunasekaran and Murthi were promoted to the above post. Further, the petitioner made several representations right from the year 2005 onwards seeking promotion on par with his juniors. But no orders have been passed.

Hence the writ petition.

3. The respondents filed counter affidavit, wherein, it is stated that, the petitioner was promoted temporarily as Sub Inspector of Survey and Land Records on 30.09.1991. The petitioner had passed the Department Examinations prescribed for the above said post on 27.05.1998. Therefore, his name was included in the panel for Sub Inspector of Survey and Land Records for the year 1999 and his services in the post of Sub Inspector of Survey was regularized with effect from 25.04.1999. The persons mentioned by the petitioner as Juniors to him have attained the pre-requisite qualifications long before the petitioner and became seniors to the petitioner in the category of Sub Inspector of Survey for the year 1999. Further, their names were found place in the panel for the post of Deputy Inspector of Survey only for the year 2012-2013 and not for the year 2009-2010, as stated by the petitioner. Since the petitioner had retired from service on 30.09.2011 ( but in the writ petition, it has been wrongly mentioned as 30.09.2014), his name was not included in the panel for the post of Deputy Inspector of Survey for the year 2012-2013. The petitioner's request to include his name in the panel for the year 2009-2010 for the post of Deputy Inspector of Survey in backlog vacancies, by following rule of reservation was already rejected by the first respondent in G.O.(D) No.214 Revenue SS3(1) Department, dated 14.07.2011.

Hence, the writ petition is liable to be dismissed.

4. The learned counsel appearing for the petitioner submitted that, though the petitioner's name was found place as Sl.No.43 in the seniority list for promotion to the post of Deputy Inspector of Survey for the year 2009-2010, the petitioner was not promoted, but his juniors namely Murali, Gunasekaran and Murthi were promoted as Deputy Inspector of Survey. Immediately, the petitioner had made a representation on 08.12.2010 and subsequently, several reminders to the respondents seeking promotion to the post of Deputy Inspector of Survey on par with his juniors. But all the steps taken by the petitioner went in vain and hence, the petitioner is entitled to get notional promotion, as prayed for in the writ petition.

5. The learned Additional Government Pleader, appearing for the respondents submitted that the petitioner had retired from service as early as on 30.09.2011. He further submitted that, though the petitioner contended that during the year 2009-2010 his juniors were promoted, he had not challenged the above promotion order and no substantia