R.MOHANDOSS Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This appeal has been preferred by the Writ Petitioner in W.P.(MD)No.11219 of 2011 aggrieved by the order dated 22.11.2018 dismissing the Writ Petition filed by the appellant for issuance of a Writ of Certiorarified Mandamus to quash the Government Order in G.O.Ms.No.45, Small Industries (Estt.I) Department, dated 10.07.1996 issued by the first respondent in respect of the effective date of the Government Order and consequently to promote the appellant to the post of Junior Engineer (Industries) with effect from 11.03.1991 with all service benefits.

(2.) The brief facts that are necessary for the disposal of this appeal are as follow:

(3.) The respondents filed a detailed counter affidavit explaining that the post of Die Maker was not shown as the feeder post to any other higher post at the time of issuing G.O.Ms.No.457, Industries Department, dated 04.04.1984 for reasons. It is further stated that inasmuch as the appellant was not eligible in the first place for promotion to the higher post of Junior Engineer (Industries) at the time of his appointment to the post of Die Maker, he is not entitled to claim promotion as a matter of right. The learned Single Judge after elaborately considering the facts dismissed the Writ Petition holding that it would be beyond the power and jurisdiction of the Writ Court to confer retrospective operation of a Government Order, when the Government had as a matter of policy made it prospective in its application and operation. Admittedly, it is not the case of the appellant that any one of his junior who was holding the post of Die Maker was promoted before the appellant. It was therefore held that the appellant cannot treat those persons working in other posts as juniors to the appellant, merely because they entered into service in later point of time. The learned Judge also found that the appellant is not entitled to any relief in view of the position that the appellant has come forward with the writ petition nearly after two decades and that therefore, he is not entitled to any relief. Aggrieved by the dismissal of Writ Petition, this appeal is filed by the Writ Petitioner.