K SHANMUGASUNDARAM Vs. COMMISSIONER

JUDGEMENT

(1.) THE petitioner has approached this Court with the prayer for issuance of writ in the nature of Certiorari, to quash the order dated 27.02.2001 promoting the respondent No.2 as Skilled Assistant Grade I, without considering the case of the petitioner.

(2.) THE application filed by the petitioner was admitted by the Tamil Nadu Administrative Tribunal in the year 2001. Till date, no counter has been filed by the respondents, therefore, the averments made in the application go unrebutted.

(3.) I find force in the contention of the learned counsel for the petitioner that junior cannot be promoted without considering the case of the senior. The impugned order therefore, is on the face of it arbitrary and discriminatory, thus hit by Article 14 of the Constitution of India, therefore, cannot be sustained.