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The prayer in the writ petition is to quash the order dated 26.7.2010 passed by the first respondent and direct the respondents 1 and 2 to promote the petitioner as Workshop Instructor in Government Polytechnic, Thoothukudi, with effect from 1.12.2010.

2. The case of the petitioner is that he has passed SSLC and was appointed as Laboratory Assistant in Government Polytechnic, Thoothukudi on 18.6.1973. He was assigned duty in the Mechanical Department and the petitioner worked in the said department till July, 1975. He was then transferred to Wiring and Winding Section, which comes under the Electrical Department. In November, 1978 he was transferred to Hydrolics Lab, which comes under the Civil Department. Thus, the petitioner served in three departments as Lab Assistant and he attained the age of superannuation on 30.9.2011 and retired. When the petitioner claimed promotion to the post of Workshop Instructor while he was serving in the Government Polytechnic, Thoothukudi, the request was rejected by the impugned order dated 26.7.2010 and therefore the petitioner has filed this writ petition challenging the said order with further direction.

3. It is the further case of the petitioner that all his juniors in other departments were promoted as Workshop Instructors. In fact one Mariya Jayapal, who was initially appointed as a Water Boy, was appointed as Lab Assistant after five years; he was further promoted as Office Assistant; again promoted as Skilled Assistant in Mechanical Department; and by the proceedings of the respondent dated 19.10.2009 he was promoted as Workshop Instructor. Petitioner submitted various representations, lastly on 16.10.2009. The said representations having not been considered, he filed W.P.No.4928 of 2010 and prayed for issuing a writ of mandamus. This Court by order dated 13.4.2010 directed the first respondent to pass appropriate orders on the representation of the petitioner. Thereafter the impugned order was passed on the ground that the petitioner acquired the required experience in mechanical lab only on 30.6.2009 and the cut-off date for gaining the said experience was 1.9.2008. Another reason stated in the impugned order was that the Adhoc rules issued with effect from 6.7.2009 stipulates minimum qualification of Diploma or possession of Industrial Training Certificate.

5. The second respondent has filed counter affidavit stating that the petitioner attained the age of superannuation and retired from service on 30.9.2011. He was awarded selection grade and special grade on completion of ten years and twenty years of service. His pay was revised and fixed in the higher scale of pay as per the relevant Government Orders. The next avenue of promotion for the post of Lab Assistant is the post of Workshop Instructor. As per the special rules for the Tamil Nadu Technical Educational Subordinate Service (old) issued in G.O.Ms.No.2100 Education, dated 18.9.1981, for promotion to the post of Workshop Instructor, following are the required qualifications:

(i) A pass in 8th Standard in a recognised School
(ii) Experience as skilled operator for a total period of not less than seven years in a recognised Workshop, of which at least two years service must be actually in the Workshop of a technical educational institution.

As per the revised Adhoc rules issued in G.O.Ms.No.220 Higher Education Department dated 6.7.2009 for promotion to the post of Workshop Instructor following are the qualifications prescribed:

(a) Diploma in Mechanical or Electrical and Electronics Engineering or Electrical Engineering;