M RAJA Vs. REGISTRAR GENERAL HIGH COURT

JUDGEMENT

(1.) THIS writ petition has been brought forth by the petitioner herein seeking to issue a writ of certiorarified mandamus to call for the entire records relating to the order passed by the second respondent in Roc.No.339/A/2010 dated 12.01.2010 and set aside the same and consequently direct the respondents to promote the petitioner to the post of Driver by recruitment by transfer from the date on which the third respondent was promoted to the post of Driver namely 12.01.2010 with all consequential service and monetary benefits.

(2.) AFFIDAVIT filed in support of the petition is perused. The Court heard the learned counsel for the petitioner and also for the respondents.

(3.) THE case of the petitioner is that he was originally appointed as Office Assistant cum Driver in the year 1992 and he has been working as such for a long time i.e., for more than 17 years and he was promoted as Junior Bailiff only in the year 2009 and he has got necessary qualifications viz., five years basic service, valid driving licence and five years experience in driving motor vehicles, and under such circumstances, he should have been considered in the post of Driver which was now given to the third respondent. He further submitted that academically, the petitioner is having better qualification than the third respondent, but he was not appointed. Under such circumstances, he filed application on 8.1.2000 and the same was rejected. Hence, he is constrained to file the writ petition before this Court.