Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Mandamus, directing the respondents to promote the petitioner as Assistant Executive Engineer in the Public Works Department with effect from 31.05.99 as per G.O.Ms.3037 Public Works Department dated 22.12.1996 and subsequent amendments. 2. The contention of learned counsel for the petitioner is that as per the amendment made in the Tamil Nadu Engineering Service and Tamil Nadu Engineering Subordinate Service, Special Rules, every 4th vacancy of Assistant Executive Engineer is to be filled up by the candidate, holding qualification of Diploma. 3. It is submitted, that the petitioner, being Diploma Holder, was entitled to be considered for the 4th vacancy under the amended rules, but the respondents, without assigning any reasons, have not considered the case of petitioner for promotion against 4th vacancy. 4. The prayer made by the petitioner cannot be accepted, as it is prerogative on the Government to fill up the post. Nothing has been pleaded to show as to how the 4th vacancy was filled up and how it violated the amended rules. The writ is also silent as to who was promoted by ignoring the claim of the petitioner. The petitioner has also not impleaded any person, who can be said to have been illegally promoted by ignoring the petitioner. 5. In absence of challenge to the appointment and requisite pleadings, showing that junior to the petitioner stood promoted without considering the case of petitioner, or showing that employee not entitled to, was promoted or appointed, no relief can be granted, as it is not possible to ask the respondents to justify their action. The writ petition lacks material particular to redress the grievance of the petitioner. 6. It is also not disputed, that the petitioner has retired from service, therefore, this Court will not be in position at this stage to direct the respondents to consider the case of petitioner for promotion against the quota for the Diploma Holder as per the amended rules, in absence of challenge to illegal promotion. 7. Consequently, this writ petition is ordered to be dismissed, but with no order as to costs.