P.SUNDAR Vs. THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) This writ petition has been filed challenging the impugned orders dtd. 26/2/2020 and 31/12/2020, passed by the respondents 2 and 1 respectively, rejecting the petitioner's request for grant of notional promotion as Photographer as on 16/10/2016 and as a Scientific Assistant (Photo) as on 16/10/2019 with all consequential monetary benefits.

(2.) The second respondent, under the impugned order, has rejected the petitioner's request, on the ground that during the relevant point of time, the juniors of the petitioner were not promoted and therefore, notional promotion cannot be granted. But, the petitioner claims that since the charges framed against him in the disciplinary proceedings were subsequently dropped by the order of the Government dtd. 23/9/2017, if the petitioner was promoted to the post of Photographer in the year 2016 itself, he would have been promoted to the post of Scientific Assistant (Photo) in the year 2019 after having completed three years of service in the post of Photographer. The petitioner, after the Government had passed an order on 23/9/2017 dropping the earlier punishment imposed on him, has made representations to the respondents between the years 2017 and 2019 seeking for notional promotion to the post of Photographer with effect from the year 2016. The second respondent rejected the petitioner's claim for notional promotion on 26/2/2020. A review petition was also filed by the petitioner before the first respondent on 20/3/2020. Subsequently, the petitioner retired from service on attaining the age of superannuation on 31/3/2020. Thereafter, the first respondent has passed the impugned order dtd. 31/12/2020 confirming the order of the second respondent rejecting the petitioner's request for notional promotion by giving reasons as stated supra.

(3.) At the outset, learned Government Advocate appearing for the respondents 1 to 3 and the learned Standing Counsel appearing for the fourth respondent have placed reliance on the decision of the Honourable Supreme Court in the case of Government of West Bengal and others vs. Dr.Amal Satpathi and others, reported in 2024 SCC OnLine SC 3512 and would submit that in view of the decision rendered by the Honourable Supreme Court, the present writ petition is not maintainable, since the petitioner is seeking for notional promotion after his retirement.