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2026 Supreme(Online)(Ker) 23043

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, BASANT BALAJI, JJ
UNION OF INDIA – Appellant
Versus
K. SIVADASAN – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.DAYASINDHU SHREEHARI N.S.
For the Respondents: SHRI.U.BALAGANGADHARAN, SRI.R.PRADEEP KUMAR

Table of Content
1. eligibility for promotion post-retirement. (Para 1 , 2 , 3)
2. procedural delays affect promotion eligibility. (Para 4)
3. affirmation of notional promotion ruling. (Para 5 , 6)

JUDGMENT

(Dated this the 24th day of March 2026)

Basant Balaji J., The Union of India, along with 3 others filed this Writ Appeal challenging the judgment of the learned Single Judge, wherein they were directed to give notional promotion as Chief Draftsman to the respondent herein, within a period of one month from the date of receipt of a copy of the judgment. 2. Having retired as a Senior Draftsman from the General Reserve Engineer Force on 30.04.2019, the respondent was eligible for promotion to the next career grade of Chief Draftsman within the ₹9,300 – 34,800 pay band (Grade Pay ₹4,200). Despite being fully qualified and having his name included in the 2017 promotion list, he was never formally appointed to the position prior to his superannuation.

Consequently, he exited the service upon retirement without having attained the promotional rank for which he had been previously shortlisted.

3. The respondent contends that had the Departmental Promotion Committee (DPC) been convened in a ti

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