JUDGMENT 1. The petitioner has approached this Court with the prayer for issuance of a writ in the nature of Certiorari to quash the order issued vide G.O.Ms.No.31, Transport (D) Dept., dated 10.02.2012 with the consequential relief of directing the 1st respondent to promote the petitioners as Manager (Finance & Accounts) as per the Common Service Rules. 2. There is no necessity to record detailed facts, as the impugned order on the face of it is not sustainable. The impugned order reads as under: ABSTRACT Transport Department – State Transport Undertakings – Officers in the Managerial Cadre – 5th Panel for promotion of Senior Deputy Manager to Manager in the Accounts Wing – Communicated. TRANSPORT (D) DEPARTMENT G.O.Ms.No.31 DATED:10/02/2012 Read: 1. G.O.Ms.No.152, Transport (D) Department, dated 1.6.2010 2. Minutes of the Career Planning Committee held on 14.9.2011. ORDER: The Government issued orders in the G.O.1st read above, empanelling 2 Senior Deputy Managers in the Account Wing of all State Transport Undertakings to be considered for promotion to the post of Manager (Accounts) in State Transport Undertakings, based on the recommendations of the Career Planning Committee, constituted for studying the promotional avenues of Managerial Cadre Officers of State Transport Undertakings. The above officers in the Accounts Wing included in the above panel who were fit for promotion as per rules in force were promoted as "Manager (Accounts)" 2. The Career Planning Committee in its meeting held on 14.9.2011 has reviewed the list of Officers available in the Senior Deputy Manager Cadre in the Accounts Wing for inclusion in the 5th panel for promotion to the cadre of Manager (Accounts) for the vacancies falling in the year of 2011-12. 3. As per the revised guidelines issued in the Government Letter No.42228/BPE/03, Finance (BPE) Department, dated 15.9.2003, the Senior Deputy Managers are eligible for promotion to the cadre of Manager provided that they have put in 7 years of qualifying service. 4. In view of the dearth of hands for promotion to the cadre of Manager the Career Planning Committee recommended to consider the combined services of not less than 15 years in the post of Deputy Manager and Senior Deputy Manager put together by the incumbents as their qualifying service for promotion to Manager cadre. 5. 4. In view of the dearth of hands for promotion to the cadre of Manager the Career Planning Committee recommended to consider the combined services of not less than 15 years in the post of Deputy Manager and Senior Deputy Manager put together by the incumbents as their qualifying service for promotion to Manager cadre. 5. The Career Planning Committee has therefore recommended the names of Senior Deputy Managers who have put combined services of 15 years in the cadre of Deputy Manager and Senior Deputy Manager for inclusion in the 5th panel of Senior Deputy Manager (Accounts) for promotion to the post of Manager (Accounts) in State Transport Undertakings. 6. The Government accept the recommendations of the Committee and approve the following panel of names of Senior Deputy Managers (Accounts) to be considered for promotion to the post of Manager (Accounts) in continuation of the panel shown in the Government Order 1st read above subject to verification of their personal records and subject to the conditions that no grave charges for disciplinary proceedings are pending or contemplated against them or no punishment is in currency. Names Parent Qualification Date of Appointment Date of Retirement Corpn. AM DM AM DM Kandavel, M.S. VPM B.Com., ACA 2.5.1984 2.5.1990 24.11.2008 31.12.2005 Thiyagarajan, S. CBE M.Com., ACA 19.4.1986 26.6.2007 21.5.2008 30.4.2017 Shanmugam, P. CBE B.Com., ACA, 19.4.1986 17.10.2007 24.11.2008 31.1.2016 ACS, Grad. ‘CWA’ 7. This order issues with the concurrence of the Finance Department vide its U.O.No.62758/BPE/2011, dated 19.12.2011." 8. The reading of impugned order shows, that vide G.O.Ms.No.152, Transport (D) Department, dated 01.06.2010, two Senior Deputy Managers in the Account Wing of all the State Transport Undertakings were considered for promotion to the post of Manager (Accounts) in the State Transport Undertakings and based on the recommendation of the Career Planning Committee, two Senior Deputy Managers in the Account Wing have been promoted as Manager (Accounts). 9. The Career Planning Committee thereafter, in its meeting held on 14.09.2011 reviewed the list of Officers available in the cadre Senior Deputy Manager Cadre in the Accounts Wing for inclusion in the 5th panel for promotion to the cadre of Manager (Accounts) for the vacancies falling in the year 2011-2012. 10. 9. The Career Planning Committee thereafter, in its meeting held on 14.09.2011 reviewed the list of Officers available in the cadre Senior Deputy Manager Cadre in the Accounts Wing for inclusion in the 5th panel for promotion to the cadre of Manager (Accounts) for the vacancies falling in the year 2011-2012. 10. It is not disputed, that according to the revised guidelines issued by the Government vide Letter No.42228/BPE/03, Finance (BPE) Department, dated 15.09.2003, Senior Deputy Managers, having put in 7 years of qualifying service, were made eligible for promotion to the cadre of Manager (Accounts) in view the non-availability of qualified persons. The Career Planning Committee recommended to consider the combined services of not less than 15 years in the post of Deputy Manager and Senior Deputy Manager put together by the incumbents, as their qualifying service for promotion as Manager (Accounts) . 11. The recommendation of the Career Planning Committee, that Senior Deputy Manager, who have put in combined services of 15 years in the cadre of Deputy Manager and Senior Deputy Manager for inclusion in the 5th panel of Senior Deputy Manager (Accounts) for promotion to the post of Manager (Accounts) in State Transport Undertakings, was accepted by the State Government. 7. Thereafter, based on the acceptance of the recommendation, respondent nos.2 to 4 were ordered to be promoted. The particulars of respondent nos.2 to 4 are as under: Names Parent Qualification Date of Appointment Date of Corpn. AM DM Sr. DM Retirement Kandavel, M.S. VPM B.Com., ACA 2.5.1984 2.5.1990 24.11.2008 31.12.2015 Thiyagarajan, S. CBE M.Com., ACA 19.4.1986 26.6.2007 21.5.2008 30.4.2017 Shanmugam, P. CBE B.Com., ACA, 19.4.1986 17.10.2007 24.11.2008 31.1.2016 ACS, GRAD ‘CWA’ 12. Learned counsel for the petitioners challenged the appointment of respondent nos.2 to 4, on the ground, that the petitioners, though fully eligible as per the recommendation of the Career Planning Committee, were not considered while promoting respondent nos.2 to 4. 13. It is contended, that the respondent nos.3 & 4 were not eligible for want of experience, but ordered to be promoted. Whereas the respondent no.2 has been promoted, by ignoring pending the proceedings under Section 17(b) for serious misconduct. 14. 13. It is contended, that the respondent nos.3 & 4 were not eligible for want of experience, but ordered to be promoted. Whereas the respondent no.2 has been promoted, by ignoring pending the proceedings under Section 17(b) for serious misconduct. 14. Learned counsel for the respondent no.2 vehemently contends, that no charge memo was pending against respondent no.2, nor his selection can be challenged for want of experience, as admittedly he has put combined services of 15 years in the cadre of Deputy Manager and Senior Deputy Manager. 15. Whereas learned counsel for the respondent nos.3 & 4 submits that total seniority of respondents 3 and 4 as Assistant Manager, shows, that they have also put in more 15 years of qualifying service, therefore, the impugned order does not call for any interference by this Court. 16. On consideration, I find that this writ petition deserves to succeed. The reading of impugned order shows, that it is outcome of non application of mind, as the respondents have ignored their own criteria of 15 years experience as Deputy Manager and Senior Deputy Manager for being eligible for promotion to the post of Manager (Accounts). 17. The impugned order therefore can be safely said to be arbitrary, thus hit by Article 14 of the Constitution of India. The impugned order further shows, that other eligible persons in the department having requisite qualification were not considered, as it does not show as to whether any panel of eligible persons was prepared before ordering respondent nos.2 to 4 out of which respondent nos.3 and 4 were admittedly not qualified for promotion even as per relaxed conditions. 18. Consequently, this writ petition is allowed. The impugned order is set aside. The 1st respondent is directed to take afresh decision with regard to the promotion to the post of Manager (Accounts) after considering all the eligible persons strictly in accordance with the Rules approved by the State Government, for filling up the post of Manager (Accounts) for the year 2011-2012. No costs.