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1983 Supreme(Ker) 229

SUKUMARAN, T.KOCHU THOMMEN
PHILOMINA – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The short question which arises for consideration is whether the petitioner is entitled to be paid for the periods between the dates of notional promotion and the dates of actual promotion to the grades in question. The petitioner was notionally promoted as Assistant Taluk Supply Officer with effect from 13-2-1968, although.she was actually promoted and worked in that post only as from 16-6-1970. Subsequently

she was promoted as Taluk Supply Officer and actually-worked in that post as from 11-4-1972, although in the integrated seniority list of Taluk Supply Officers and Assistant Taluk Supply Officers, as on 1-8-1975, she is shown to have been notionally promoted with effect from 21-7-1971. The question, therefore, is whether the petitioner is entitled to receive arrears of salary for the notional service between 13-2-1968 and 16-6-1970 as Assistant Taluk Supply Officer and 21-7-1971 to 11-4-1972 as Taluk Supply Officer after deducting the salaries paid to her for the work she actually rendered in the lower grades.

2. The petitioner's counsel Shri. K. Sudhakaran, relying upon certain observations of a Division Bench of this Court in O. P. No. 4125 of 1977 and the judg










































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