T.SHANMUGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present writ petition challenging the impugned order issued by the second respondent dated 02.08.2011 and seeks to quash the same and to direct the third respondent herein to upgrade the petitioner post as senior physiotherapist with effect from 30.05.2007 in Class II post with scale of pay of Rs.8,800- 14,600/- (pre revised) with all other attendant and monetary benefits.

(2.) Facts of the case:-

(3.) According to the learned counsel for the petitioner, when there is no avenue of promotion and when he had been stagnated in the same post for more than three decades, the rejection of his request for upgradation on the ground that it lacks functional justification is not correct. Further, the view of the 2nd respondent in the impugned order that the acceptance of the instant proposal may attract similar demands from other posts as well is arbitrary. The learned counsel further submits that the Supreme Court in number of cases held that there should be atleast one avenue of promotion during the entire career of service and submitted that in the case of petitioner, it is not even a plea of promotion and only sought for upgradation based on similar proposal and recommendation and therefore, the rejection of proposal by the impugned order dated 02.08.2011 is bad in the eye of law and the same is liable to be interfered with.