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The relief sought for in the present writ petition is to direct the respondents to draw the panel for promotion to the post of Reader / Associate professor in Dental Surgery based on the year wise panel from the year 2012-2013 onwards and to effect promotion with eligible persons included in the year wise panel and consequently, include the name of the petitioner in the panel for the year 2012-2013 and to promote him to the https://www.mhc.tn.gov.in/judis post of Reader / Associate Professor in Dental Surgery retrospectively from the date of relevant vacancy, based on his eligibility and seniority with all consequential and other attendant, benefits including arrears of salary by considering the representation submitted by the petitioner dated 16.12.2014.

2. The petitioner states that he was appointed as Assistant Surgeon (Dental) through Tamil Nadu Public Service commission (TNPSC) in Tamil Nadu Medical Services on 28.08.2000. His probation was declared and the services were regularized. The petitioner completed his MDS course on March 2007. Thereafter, continued his service as Tutor from 12.04.2007 and the post was re-designated as Assistant Professor Dental Surgery in the Department of Prosthodontics with effect from 12.04.2008. The petitioner was promoted to the post of Senior Assistant Professor in the year 2011, on completion of three years of service with Post Graduation qualification. The next avenue for promotion is to the post of Reader / Associate Professor in Dental Surgery. As per this Special Rules the qualification prescribed is Post Graduation Degree and teaching experience for a period of not less than four years in Dental Surgery in a Dental Institution. The petitioner states that he is fully qualified for promotion to the post of Reader / Associate Professor in Dental Surgery https://www.mhc.tn.gov.in/judis from the year 2012 onwards and as on the crucial date i.e., 15.03.2012 the petitioner was qualified for promotion to the post of Reader / Associate Professor in Dental Surgery.

8. The petitioner filed an application under Right to Information Act, seeking information and the reply sent by the Government dated 17.03.2017, states that the persons promoted under Rule 39 (a) (i) on temporary posts are eligible and qualified.

9. The learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 opposed the contentions raised by the petitioner by stating that the panel was prepared however, not acted upon. Mere preparation of a panel including the name of the writ petitioner would not https://www.mhc.tn.gov.in/judis be a ground to seek a direction to promote him to the post of Reader / Associate Professor in Dental Surgery. The petitioner has not reached the zone of consideration for promotion to the post of Reader / Associate Professor in Dental Surgery. His name was not considered on account of the fact that he has not reached the seniority and therefore, not in the zone of consideration for promotion. Even the temporary promotions under Rule 39 (a) (i) of the General Rules were accorded only to the senior persons, and all those persons promoted are seniors to the petitioner and the said factum can be verified from the proceedings itself.

19. Let us consider the relief sought for by the petitioner. The petitioner seeks the relief to direct the respondents to draw the panel for https://www.mhc.tn.gov.in/judis promotion to the post of Reader / Associate Professor in Dental Surgery based on the year wise panel from the year 2012-2013 onwards and consequently include the name of the petitioner in the panel for the year 2012-2013 and promote him to the post of Reader / Associate Professor in Dental Surgery.