ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. The appellant was refused promotion in the year 1985 on the ground that there were certain adverse entries in his service records. Thereafter in the year 1989, after the adverse entries were expunged, his case was again taken up for promotion and he was granted promotion with effect from 6-6-1989. The appellant then moved the Uttar Pradesh Public Services Tribunal (for short "the Tribunal") and his grievance was that as the only ground for refusing promotion to the appellant in the year 1985 was adverse entries and the same having been expunged, he should have been granted promotion with effect from 11-7-1985 instead of 6-6-1989, on which day his juniors were granted promotion. The Tribunal dismissed the petition and the same has been confirmed by the High Court in the writ petition. Hence, this appeal by special leave.

4. Undisputedly, the promotion to the appellant for the higher post was refused in the year 1985 on the sole ground that there were certain adverse entries in his service record and the same having been expunged and in the year 1989 he was found fit and granted promotion. The appellant's juniors have been granted promotion with effect from 11-7-1985. In view of the fact that adverse entries in the service records of the appellant have been expunged, we are of the view that in the year 1985 promotion was wrongly refused to the appellant. As such the State should have granted him promotion with effect from the day his juniors were granted promotion i.e.

promotion to the post of Deputy Collector with effect from 11-7-1985.

5. Accordingly, the appeal is allowed, impugned orders are set aside and the State is directed to grant promotion to the appellant to the post of Deputy Collector with effect from 11-7-1985 and consequential benefits. As the appellant has superannuated, it is directed that post-retiral benefits of the appellant shall be recalculated and the arrears of amount of pension shall also be paid to him. This order must be complied within three months from today.

6. The appeal is, accordingly, disposed of.

7. No costs.