A government servant has no fundamental right to promotion itself, only a right to be considered for promotion when eligible under relevant rules and while officiating in the feeder cadre; retrospective promotion or financial benefits for vacancies occurring prior to the date of actual promotion cannot be claimed.

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records in pursuant of impugned G.O.(2D)No.113 Revenue Department – NiA3(1) dated 07.04.2017 issued by the 1st respondent as not valid and void under law and thereby quash the same as illegal and directing the 1st respondent to place the petitioner in the Panel List of 2015-2016 of Inspector of Survey to be promoted as Assistant Director of Survey with due consideration of the petitioner being a member of Scheduled Caste Community and consequently, the petitioner should have deemed to have been promoted and paid retirement benefits taking as promoted as Assistant Director of Lands Survey from the panel year 2015-2016.

For Petitioner : Mr.V.Murugan

For R1 to R4 : Mr.J.Ashok

Additional Government Pleader

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ORDER

2.Heard Mr.V.Murugan, learned counsel appearing for the petitioner and Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents.

3.The learned counsel appearing for the petitioner would submit that the petitioner was appointed as Surveyor and Draftsman on consolidated pay in Ramanathapuram District in the year 1982. Thereafter, he absorbed into regular time scale of pay for the post of Field Surveyor. Thereafter, he was considered for the next promotional post of Firka Surveyor, Sub-Inspector of Survey and Land Records, Deputy Inspector of Survey and Land Records and, Inspector of Survey and Land Records. The learned counsel would further submit that the petitioner joined duty as Inspector of Survey on 09.03.2015. Though there was vacancy in the post of Inspector on 01.01.2015 and 02.02.2015, the respondents had considered the petitioner's request belatedly, which resulted his non consideration for the post of Assistant Director of Survey and Land Records. It is the specific contention of the petitioner that he is belonging to Scheduled Caste Community and he is entitled for relaxation as provided to the similarly placed person under G.O.Ms.No.299 and 540 dated 05.10.2016. According to the petitioner, the respondents, by relying upon the irrelevant materials, have rejected the petitioner's request. Hence, prayed to interfere with the same.

4.Per contra, the said contention was stoutly objected by the learned Additional Government Pleader and would contend that though the learned Additional Government Pleader admits the date of promotion, he would seriously dispute about the eligibility of the petitioner to be promoted on 01.01.2015 to the post of Inspector of Survey. It is the specific submission of the learned Additional Government Pleader that the crucial date for consideration of Assistant Director of Survey and Land Records for the panel year 2015-2016 was 22.02.2015, Whereas the petitioner was promoted to the feeder post only on 25.02.2015. Therefore, the petitioner was not considered for the panel of years 2015 – 2016. Though the petitioner was qualified for the panel of years 2016-2017, on the crucial date viz., 22.02.2016, no proposal for the estimate of vacancy for the post of Assistant Director of Survey and Land Records was fixed. In the meanwhile, the petitioner retired on 31.05.2017. Hence, the petitioner's name could not be included even in the panel of years 2016-2017. The learned Additional Government Pleader would further submit that giving relaxation to the employee comes within the exclusive domine of the employer and that too on a just and equitable ground. The learned Additional G