P.R. RAMAN, J.

1. Appellants are the respondents in W.P.(C) No.26520/1999. The said Writ Petition was filed by the respondent herein seeking to quash Ext.P7 order passed by the second appellant and for a consequential declaration that the respondent is entitled to be promoted as Senior Branch Manager during the year 1992-93 and that he is entitled to be promoted to the higher cadres reckoning his seniority in the cadre of Branch Manager with effect from 6.5.1988 with all consequential benefits. In this connection, he placed reliance on Ext.P6 judgment rendered in O.P. No.12519/1995 filed by him earlier. In that writ petition, challenge was against Exts.P2 and P5 produced therein, as per which, according to him, his legitimate promotion from eligible date was denied.

2. The respondent/writ petitioner entered service in 1965 as a Development Officer and was promoted as Assistant Branch Manager, on 20.5.1980. While, so, in the year 1991, there was a criminal case against him and though the Trial Court convicted him as per judgment dated 30.12.1992, on appeal there from, the conviction was set aside and he was honourably acquitted. During the pendency of the appeal proceedings, however, invoking Cl.39(1)(g) of the Staff Regulations, he was dismissed from service on 12.11,1993, based on the conviction by the Trial Court. But subsequent to the appellate judgment, setting aside the conviction, he sought rein statement by filing representations in this behalf. The inaction on the part of the appellants in not passing any orders on his representation compelled the respondent to approach this Court by filing O.P. No.426/1994 which was eventually allowed by judgment dated 17.2.1994. directing his reinstatement and to grant whatever benefits he is entitled to. Thereafter, the authorities, by order dated 21.2.1994 ordered to reinstate the respondent in service simultaneously keeping him under suspension, pending disciplinary action to be initiated. Challenging the order of suspension, he filed O.P. No.3546/1994, in which the order of suspension was stayed and eventually, quashed. Subsequently, by order dated 4.4.1994 he was reinstated in service and no further disciplinary action was initiated against him and eventually he retired from service. Actually the respondent was reinstated as Branch Manager, the post which he was holding at the time of suspension, pending criminal case. By that time several of his juniors were promoted as Branch Manager and he claimed seniority by filing representations which were directed to be disposed of in O.P. No.10305/1994. Subsequently, the Chairman of the Life Insurance Corporation of India issued orders granting promotion to the respondent as Branch Manager, retrospectively with effect from 6.5.1988. But as regards his past remuneration, it was ordered that though he was given seniority in the post of Branch Manager/Administrative Officer he will be given notional fixation of salary in the promoted post with effect from 6.5.1988 and he will be eligible for payment of salary and allowances in the promotional post only with effect from the date on which he assumed charge in pursuance of the said order. Since the promotion was limited only with effect from 6.5.1988 as Branch Manager and arrears of salary was also denied, he made representations; which did not yield any result. Again he filed O.P. No.3607/1995 in which this Court directed consideration of his representation. Though the representation was subsequently disposed of the respondent was not given any benefit as sought for. It was in such circumstances, that he filed O.P. No.12519/1993. This Court, by Ext.P6 judgment, after referring to the chequered history of the case and taking into consideration the relevant aspects of the matter, found that when the respondent claims for promotion from 1985, his juniors who did not get such promotion from 1985 and persons juniors to such immediate junior shall also be heard, in the absence of any such