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2002 Supreme(Ker) 724

K.A.ABDUL GAFOOR, R.BASANT
State of Kerala – Appellant
Versus
Bhaskaran Pillai – Respondent


Judgment :-

1. What is the normal rule to be followed when a Government employee is granted the legitimate promotion due to him - not promptly but later with retrospective effect? Is he entitled for all monetary benefits from the date with effect from which he is given such retrospective promotion or is he entitled for such monetary benefits only with effect from the date on which he starts work in the promoted post? What is the rule and which are the exceptions? These are the interesting questions which arise for consideration in these appeals.

2. The petitioner (we shall refer to the parties in the manner in which they are ranked in the Original Petition) joined service on 25.2.1957. While working as First Grade Draftsman his juniors were promoted but the petitioner was not promoted. He filed an application dt. 15.6.1972 calling upon the Government to make available to him the benefits of the promotion to which he is entitled. As there was no prompt and favourable consideration of the said application, he filed O.P. 585 of 1975 and this Court as per judgment dt. 12.8.1977 in O.P. 585 of 1975 directed the Government to consider the representation of the petitioner without reference












































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