Koshy, J.

Appellant/petitioner was appointed as Assistant Public Prosecutor Grade II on 1.8.1987. The main relief sought in the original petition was for a direction to appoint the petitioner as Assistant Public Prosecutor Grade II and as Assistant Public Prosecutor Grade I with effect from the dates the third respondent was posted to those posts (19.10.1984 & 19.9.1989 respectively). It is an admitted case that while working out communal rotation, a mistake happened and at the place of third respondent, the petitioner ought to have been promoted. During the pendency of the original petition, the petitioner retired from service on 28.2.2002. By Ext.P10 dated 8.5.2002, he was allowed notional effect to his appointment as Assistant Public Prosecutor Grade II with effect from 19.10.1984 and as Assistant Public Prosecutor Grade I with effect from 19.9.1989. However, he was not given the backwages, but only notional benefits with retrospective date of appointment as well as retrospective date of promotion. The learned Single Judge while disposing of the writ petition held that he entitled to consequential refixation of pay and revision of terminal benefits. But, his applicat