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1983 Supreme(Ker) 83

P.SUBRAMONIAN POTI, K.BASKARAN
RAJAPPAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. It quite often happens that a Government Servant does not get his due promotion on the date he ought to have got it, but later it is given to him with retrospective effect from an earlier date. If for no fault of his, promotion to a Government servant is delayed and it is given to him later with retrospective effect from the date on which it was due, the Government servant is naturally entitled to restoration of the benefits which he has lost not on account of his conduct or laches. It is only proper that the Government should restore to him all that is lost by way of salary or other emoluments. This is a principle stated by our learned brother Khalid J, in Narayana Menon v. State of Kerala, 1978 KLT. 29, a principle concerning which we could not see how any exception could be taken. Since the question has been elaborately considered by our learned brother with which we are in respectful agreement we do not think we should go into this any further.

2. In the case before us by the judgment of this Court Ext P5, the petitioner was found entitled to assignment of date of promotion as Senior Malayalam Pandit on 17th January 1959. Consequent upon such assignment of date he

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