Koshy, J.

Petitioner is a retired employee of the Kerala State Electricity Board. He retired from service on 31-7-1990 after 33 years of service. In the normal circumstances, he ought to have been promoted as Assistant Accounts Officer with effect from 1-11-1989 and Accounts Officer with effect from 1-7-1990. That is not disputed in the counter affidavit also. The contention of the respondent was that the appellant was not promoted because there was an interim stay from he Supreme Court and the stay was subsequently vacated only after the retirement of the appellant. Since the appellant retired from service at a time when there was stay order, he was not given the benefit. The learned Single Judge found that the rejection of the appellant’s claim was correct despite legal entitlement as at the time when the petitioner ought to have been promoted there was a stay from the Supreme Court and the stay was vacated subsequent to the retirement of the appellant. The appellant ought to have been promoted as Asst. Accounts Officer with effect from 1-11-1989 and Accounts Officer with effect from 1-7-1990, but he was not promoted because of the stay orders which were subsequently v