O R D E R

This writ petition is filed for writ of Certiorarified Mandamus, to quash the proceedings of the second respondent, dated 11.09.2014 and to direct the respondents to reckon the seniority of the petitioner in the cadre of Junior Assistant from the date it was due and to grant promotion to the petitioner with all consequential monetary and service benefits.

2. The petitioner was appointed as Sanitary Worker on 18.06.1984 in Government Engineering College, Tirunelveli. Thereafter, he was appointed by transfer to the post of Watchman vide proceedings, dated 05.12.1984 and was regularized subsequently by the proceedings of the first respondent, dated 20.02.1985. The petitioner completed probation period successfully on 04.12.1985. Thereafter, the petitioner was appointed by transfer in the post of Office Assistant, vide proceedings, dated 03.04.1989 and was appointed by transfer in the post of Grade I Mazdoor, vide proceedings, dated 06.04.1994. He was regularized on 25.05.1994 and completed the probation period on 30.04.1996 successfully.

3.The petitioner submitted a representation on 03.03.1989 to include the petitioner in the panel for Junior Assistant and to provide necessary training for the said post. The second respondent approved the same, vide proceedings, dated 07.06.1999 and directed to get training in the post of Record Clerk, vide proceedings, dated 13.02.2001. The petitioner's name was included in the panel for the post of Junior assistant as on 15.03.2003, vide proceedings, dated 15.03.2003. The petitioner was appointed by transfer in the post of Junior Assistant, vide proceedings, dated 25.02.2004 and was posted in Alagappa Chettiar Engineering College, Karaikudi. However, the petitioner met with an accident and sustained severe injuries and was undergoing medical treatment, so, he was not able to join in the post of Junior Assistant. Hence, the petitioner made a representation, dated 08.04.2004, temporarily relinquishing his promotion for three years. The second respondent, vide proceedings, dated 27.07.2004, accepted the request and allowed to continue in the post of Mazdoor.

4. After the period of relinquishment which expired on 27.07.2007, the petitioner's name was not at all considered for promotion to the post of junior assistant. Hence, the petitioner repeatedly submitted representation and finally, made a representation, dated 25.08.2011. Since the same was not considered, the petitioner filed a writ petition in W.P.(MD)No.12878 of 2011. This Court directed the respondents to consider and pass orders, vide order, dated 17.02.2014. The respondents have considered through the impugned order and rejected the claim of promotion to the post of Junior assistant. Aggrieved over the same, the present writ petition is filed.

5. The 2nd respondent has filed a counter affidavit stating that as per General Rule 4(d) of the Tamil Nadu State and Subordinate Services, the mere inclusion of a candidate's name in any list of approved candidates for any service (State or Subordinate) or any class or category in a Service shall not confer on him any claim to appointment to the service, class or category. The Petitioner's name was included in the panel prepared as on 15.3.2003 vide second respondent's Proceeding No.47788/D4/2002, Dated. 16.12.2003 and was given postings as Junior Assistant vide 2nd respondent's Proceedings No. 47106/D3/2003, Dated 25.2.2004. That panel was valid for one year from that date. He relinquished his promotion as Junior Assistant and his request was accepted by the Commissioner of Technical Education, the Second respondent herein vide Proceedings No.47106/D3/03-2 dated 27.7.2004 and the petitioner was permitted to continue as Mazdoor, Gr-1. was the decision taken by the individual and the respondents were not at all responsible for his relinquishment. Hence, he has no locus standi to claim for inclusion of his name in the next panel as per the Provisions laid down in the General Rule 4(d) of t