Judgment :- This Writ Petition is filed to issue a Writ of Mandamus directing the directing the respondents to promote the petitioner to the rank of Station Officer (Transport) with effect from 14.05.2012 within the time stipulated by this Court. 2. The case of the petitioner is that he was appointed as Fireman on 23.05.1980 and he was given the rank of Fire Services Driver on 23.05.1989. Subsequently, he was promoted as Driver Mechanic on 22.06.2007. There was no proper avenue of promotion from the post of Driver Mechanic in the Department. Therefore, various representations were given to the Government for promotion of Driver Mechanic as Station Officer (Transport). The petitioner also sent representation for promotion to the second respondent. The second respondent by reply dated 21.03.2011 informed the petitioner that his representation has been forwarded to the first respondent and once the decision is taken by the Government his grievance will be considered. Even after that the respondents have not passed any orders for promotion. 3. Therefore, the petitioner filed W.P.No.7515 of 2011 for promotion. This Court by order dated 11.07.2011 directed the respondents to consider the representation of the petitioner on merits. The respondents did not pass orders. The petitioner retired from service on 30.11.2011 on attaining age of superannuation. 4. The first respondent by G.O.Ms.NO.352 dated 14.05.2012 upgraded 165 Driver Mechanics to Station Officer (Transport). The petitioner has contended that he is also eligible for the promotion in accordance with G.O.Ms.No.352 dated 14.05.2012. 5. The respondents filed counter affidavit denying the various averments made by the petitioner. The first respondent after detailed examination of the proposal issued orders in G.O.Ms.No.352 dated 14.05.2012 upgrading 165 Driver Mechanics as Station Officer (Transport). The above said decision will take effect only from date of issue for the Driver Mechanics who are in service. Based on the above Government Order the second respondent by the proceedings dated 23.05.2012 upgraded 165 Driver Mechanics who are in service. The petitioner was retired from service on 30.11.2011 on attaining age of superannuation and therefore, his claim for promotion with effect from 14.05.2012 cannot be considered. 6. The petitioner submitted his representation on 16.06.2012, to promote him as Station Officer (Transport) with effect from 14.05.2012. It is not feasible to comply with the request of the petitioner as per the existing Rules / Government Orders. The petitioner has attained the age of superannuation on 30.11.2011. 6. The petitioner submitted his representation on 16.06.2012, to promote him as Station Officer (Transport) with effect from 14.05.2012. It is not feasible to comply with the request of the petitioner as per the existing Rules / Government Orders. The petitioner has attained the age of superannuation on 30.11.2011. The Government Order will apply only to those who are in service. Taking decision on the proposal of the second respondent is a policy decision of the Government. Therefore, the Government issued orders upgrading 165 Driver Mechanics who are in service and prayed for dismissal of Writ Petition. 7. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents. 8. I have carefully considered the materials available on records. From the records it is seen that on receipt of copy of the order passed by this Court on 11.07.2011 in W.P.No.7515 of 2011, the first respondent considered the proposals of second respondent dated 27.07.2009 and found that the same is not feasible. Therefore, the said proposal was dropped. It is seen from the said order, second respondent has already given alternate proposal to the first respondent to grant carrier progression promotion to become Special Station Officer (Transport) in 25 years of service by a systematic non-functional up gradation and the same was under consideration of Government. The said order dated 19.09.2011 was served on the petitioner on 08.10.2011. The petitioner not challenged the said order. 9. After considering alternate of second respondent the first respondent by G.O.Ms.No.352 dated 14.05.2012 upgraded 165 Driver Mechanics Post as Station Officer (Transport). The said up gradation would be followed after amending the service Rules for Tamil Nadu Fire Subordinate Services. As on the date of Government Order the petitioner was not in service. On the Government Order only 165 Driver Mechanic Posts were upgraded as Station Officer (Transport). In the said Government Order respondent effort was not given. The respondents by G.O.Ms.No.352 dated 14.05.2012 has upgraded 165 Driver Mechanic posts to the post of Station Officer (Transport), in respect of persons who were in service after amending the Service Rules of Tamil Nadu Subordinate Services. Since the petitioner was not in service on the date of G.O.Ms.352, the claim of the petitioner made in the Writ Petition is not maintainable. Since the petitioner was not in service on the date of G.O.Ms.352, the claim of the petitioner made in the Writ Petition is not maintainable. The petitioner cannot claim promotion after retirement based on G.O.Ms.No.352 which came into force, subsequent to his retirement. For the above reasons, I hold that, the petitioner is not entitled to the claim as sought for in the Writ Petition. 10. In the result, the Writ Petition is dismissed. No costs.