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2025 Supreme(Online)(Mad) 62968
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
V.Jayarangan – Appellant
Versus
The Principal Secretary to Government, Water Resource Department, Secretariat, Chennai – 600 009. – Respondent
W.P.(MD)No.16178 of 2023
For the Appellant: Mr.M.Saravanakumar
For the Respondents: Mr.A.Baskaran, Additional Government Pleader
A retired individual cannot seek notional promotion as established in legal precedent.
Headnote:The judgment examines the request for notional promotion in the context of settled law, specifically citing the decision in Government of West Bengal Vs. Dr.Amal Satpathi, which establishes that a retired individual cannot claim notional promotion. The court concludes that the petitioner's request lacks a legal basis. The final ruling is the dismissal of the Writ Petition with no costs.
| Table of Content |
|---|
| 1. petitioner seeks notional promotion. (Para 1) |
| 2. citing precedent on retired employees on notional promotion. (Para 2) |
| 3. court dismisses petitioner's claims based on lack of legal right. (Para 3 , 4) |
ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to promote the petitioner to the post of Chief Personnel Officer, notionally with effect from the date on which the petitioner's junior was promoted.
2.Admittedly, the petitioner has retired from service. He seeks notional promotion in this Writ Petition. The law is well settled by the decision rendered by the Hon'ble Supreme Court in the case of Government of West Bengal Vs. Dr.Amal Satpathi reported in 2024 SCC Online SC 3512, wherein it has been clearly held that a person who has retired from service cannot seek for notional promotion.
3.In view of the settled position of law, the question of entertaining this Writ Petition does not arise, since the petitioner does not have any legal right.
4.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
