W.P. No.18853 of 2024 the year 2016, the post of Heavy Vehicle Driver fell vacant in Kadambarai circle and since the criminal trial was pending against the petitioner, his name was not included in the panel for promotion to the post of Heavy Vehicle Driver. However, the petitioner’s junior namely fifth respondent was appointed as Heavy Vehicle Driver. Thereafter, the criminal case ended in acquittal in the year 2017 and in between, no disciplinary proceedings was initiated against the petitioner for the alleged criminal case pending against the petitioner. After acquittal, the petitioner was absolutely free and there was no legal impediment to consider the petitioner’s promotion to the post of Heavy Vehicle Driver. In the meanwhile, on 13.02.2019, transfer order was passed transferring the fifth respondent who is junior to the petitioner to Erode and immediately after acquittal, the petitioner was given promotion as Heavy Vehicle Driver with restrospective promotion on the basis of the criminal court order and thereafter the fifth respondent was transferred from Kadambarai to Erode. However, the fifth respondent filed writ petition before this Court in WP.no.7322 of 2024 and obtained order of status quo on 19.03.2024. Thereafter, the impugned order has been against the petitioner. Challenging the same, the present writ petition has been filed.
