(Prayer: Petition filed under Article 226 of the Constitution of India for the issue of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the third respondent in Na.Ka.No.Thi.Ma/Pa.P.1/120/7946/2014 dated 09.05.2014 and quash the same and consequently direct the respondent Nos.2 and 3 to fix the seniority and give the notional promotion with monetary benefits to the petitioner.)
1. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents and by consent of both the parties, the main writ petition itself is taken up for final disposal at the stage of admission.
2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3. The petitioner is seeking for a Writ of Certiorarified Mandamus to challenge the order of the third respondent and consequently seeking a direction to the respondent Nos.2 and 3 to fix the seniority and give notional promotion with monetary benefits.
4. A perusal of the impugned proceedings would show that it is only a communication stating that there is no Government Order to the effect that the notional promotion as sought for by the petitioner could be granted.
5. In my considered view, such communication cannot be termed as any adverse order passed by the respondent against the petitioner. On the other hand, the communication is to the effect that no such Government Order is available. Therefore, the petitioner has to seek the benefit of notional promotion by making proper representation before the respondents. If any such representation is made by the petitioner, it is for the third respondent to consider and decide the same and pass orders on merits and in accordance with law.
6. Accordingly, the writ petition is disposed of by giving liberty to the petitioner to make a representation to the respondents within a period of four weeks from the date of receipt of a copy of this order. If any such representation is made, the respondent shall consider the same and pass orders on merits and in accordance with law within a period of twelve weeks thereafter. No costs.