(1.) This Writ Petition is filed for issuing a Writ of Certiorarified Mandamus, to quash the order of third respondent, dated 07.01.2009 and to direct the respondents 3 and 4 to promote the petitioner as Superintendent of Madura College (Autonomous), Madurai with immediate effect. By the impugned order, the fifth respondent was promoted to the post of Superintendent of the College.
(2.) The brief facts that are necessary for the disposal of this Writ Petition are as follows:
(3.) The learned Counsel for the petitioner submitted that the fifth respondent had relinquished her right for a period of three years, that does not end with the retirement of then incumbent, T.Kannan. Since the vacancy arose by the retirement of T.Kannan, the learned Counsel for the petitioner submitted that the petitioner is entitled to be considered in the vacancy, as the period of relinquishment continued beyond the retirement of T.Kannan. The learned Counsel for the petitioner then submitted that the denial of promotion to the petitioner is arbitrary and discriminative and it is against the provisions of G.O.Ms.No.49, Personnel and Administrative Reforms (Personnel) Department, dated 20.09.1988, incorporating Rule 47 of Tamil Nadu State and Subordinate Service Rules.