Judgment This Writ Petition has been filed directing the respondent to consider the petitioner for promotion to the post of Deputy Director of Prosecution in the existing vacancy with effect from 2007-2008 by taking into account of the seniority and eligibility of the petitioner. 2. The petitioner is a Law Graduate and enrolled as an Advocate in the Tamil Nadu Bar Council, Chennai, on 10.08.1977. He was selected in the post of Assistant Public Prosecutor Grade II and he was working as such from 21.06.1982. The petitioner was appointed in the cadre of Selection Grade Post viz., Assistant Public Prosecutor Grade II on completion of ten years of service as Assistant Public Prosecutor on 21.06.1992. He was given periodical promotions. From 07.12.2005, he was working as Additional Public Prosecutor before the Chief Judicial Magistrate Court, Trichirappalli. From 01.10.2007, he was working as Additional Public Prosecutor in the Court of Chief Judicial Magistrate, Madurai, and was holding full additional charge of the post of Deputy Director of Prosecution, Madurai Region, Madurai, from 22.01.2009. The date of retirement of the petitioner was on 30.09.2010. 3. As per the combined seniority list issued by the Government, the petitioner's name was in Serial No.33 and subsequently, his name stands first to be promoted as Deputy Director of Prosecution. His name was also recommended for consideration for the preparation of Panel for promotion as Deputy Director of Prosecution during the year 2006-2007. There were 10 vacancies of Deputy Director of Prosecution for the years 2007-2008, 2008-2009 and 2009-2010. The petitioner's name was not considered for promotion. According to the petitioner, his name ought to have been considered for issue of Panel for the years 2007-2008, 2008-2009 and 2009-2010 as Deputy Director of Prosecution. Therefore, the petitioner sent a representation dated 26.07.2010 to the respondent to promote him as Deputy Director of Prosecution. He also sent another representation, dated 09.09.2010, to the respondent to promote him as Deputy Director of Prosecution. The respondent did not pass orders on the same. Therefore, the petitioner has filed the present writ petition for the relief stated supra. 4. The respondent filed counter affidavit denying the various averments made by the petitioner. He also sent another representation, dated 09.09.2010, to the respondent to promote him as Deputy Director of Prosecution. The respondent did not pass orders on the same. Therefore, the petitioner has filed the present writ petition for the relief stated supra. 4. The respondent filed counter affidavit denying the various averments made by the petitioner. In the counter affidavit, it has been stated that as per the revised and re-revised seniority lists of Prosecuting Officers as on 29.12.2006, approved in G.O.(Ms)No.287, Home (Courts VI) Department, dated 22.02.2008 and in G.O.(Ms)No.77, Home (Courts VI) Department, dated 28.01.2010, the petitioner's name was in Serial Nos.33 and 34 respectively. The petitioner's name was not considered in the Panel for promotion for the year 2006-2007. 5. A proposal was sent to the Government by the Director of Prosecution in Letter R.C.No.1879/DOP/A1/2009, dated 17.04.2009, for drawal of Panel of Assistant Directors of Prosecution/Additional Public Prosecutors fit for promotion as Deputy Directors of Prosecution for the year 2007-2008. In the said proposal, the case of the petitioner was considered and recommendation was sent. The estimated vacancy for the post of Deputy Director of Prosecution for the panel year 2006-2007 was five. Out of five estimated vacancies in the post of Deputy Director of Prosecution for the Panel year 2006-2007, on retirement of Tr.V.R.Nagarajan, Deputy Director of Prosecution on 31.12.2007 and Tr.M.Gopinathan, Assistant Director of Prosecution, Alandur, was promoted and posted as Deputy Director of Prosecution, Chennai, and on retirement of Tr.V.V.Somasundaram, Deputy Director of Prosecution/Legal Adviser to Vigilance and Anti-Corruption, Chennai, on 30.06.2007, the post of Deputy Director of Prosecution/Legal Adviser to Vigilance and Anti-Corruption was downgraded as Deputy Legal Adviser/Additional Public Prosecutor as per V & AC Office order No.A1/30385/2003 (D.O.No.860/2005, dated 02.09.2005). Hence, two posts have been deducted out of five estimated vacancies. Therefore, the proposal for drawal of the Panel for remaining three posts was received from the Director of Prosecution for the year 2006-2007. 6. Accordingly, the Government issued the Panel of Assistant Directors of Prosecution/Additional Public Prosecutors fit for promotion as Deputy Directors of Prosecution was issued for the year 2006-2007 including the names of Tvl.M.Pattayan, S.Karunakaran and P.Eswaramoorthy, who were all seniors to the petitioner and they were promoted as Deputy Directors of Prosecution vide G.O.(D)No.959, Home (Courts VI) Department, dated 25.09.2009. 7. Accordingly, the Government issued the Panel of Assistant Directors of Prosecution/Additional Public Prosecutors fit for promotion as Deputy Directors of Prosecution was issued for the year 2006-2007 including the names of Tvl.M.Pattayan, S.Karunakaran and P.Eswaramoorthy, who were all seniors to the petitioner and they were promoted as Deputy Directors of Prosecution vide G.O.(D)No.959, Home (Courts VI) Department, dated 25.09.2009. 7. As per the orders of this Court, seniority list in the post of Additional Public Prosecutor Grade II was revised. 8. The Government by Letter No.30552/Cts.VI/2009-7, Home, dated 21.09.2010, stated that the Panel for the years 2007-2008 and 2008-2009 have not been issued due to revision of seniority. Further, as per the instructions issued by Government Letter No.22717/C/2010-1, Personnel and Administrative Reforms Department, dated 21.05.2010, all the earlier vacancies have to be carried over to the current Panel year 2010-2011 as unfilled existing vacancies. As per Government Order in G.O.(2D)No.2, Home (Courts VI) Department, dated 07.01.2011, the Government have cancelled the earlier Government orders and approved the estimated vacancy for the post of Deputy Director of Prosecution in Prosecution Department for the Panel years 2007-2008 and 2008-2009 as nil. 9. I have perused the materials on record and heard learned counsel appearing for the parties. 10. The petitioner seeks for promotion as Deputy Director of Prosecution. According to the petitioner, he has necessary experience and seniority to be included in the Panel for the year 2007-2008. From the counter affidavit, it is seen that due to orders passed by this Court, dated 30.11.2006, in W.P.Nos.4529 and 23866 of 2006, seniority list of Additional Public Prosecutor Grade II was revised. In view of the said revision, the Panel for promotion to the post of Deputy Director of Prosecution was not issued for the years 2007-2008 to 2009-2010. All the vacancies were carried over for the year 2010-2011. In view of this fact, the petitioner is not entitled to the relief sought for in the writ petition. Further, the petitioner has not approached this Court at the earliest, as he is claiming promotion for the existing vacancies with effect from 2007-2008. The petitioner has sent representations at the fag end of his service i.e., on 26.07.2010 and 09.09.2010, while he was due to retire on 30.09.2010. The present writ petition was filed only on 20.09.2010. The petitioner was not diligent enough to agitate his right at the earliest. 11. The petitioner has sent representations at the fag end of his service i.e., on 26.07.2010 and 09.09.2010, while he was due to retire on 30.09.2010. The present writ petition was filed only on 20.09.2010. The petitioner was not diligent enough to agitate his right at the earliest. 11. In view of the above, the writ petition is liable to be dismissed and accordingly, dismissed. No costs.