RANGAPPA K Vs. STATE OF MYSORE

JUDGEMENT

(1.) When the petitioner was superseded and his juniors were promoted to the next higher grade of Excise Inspector, the petitioner appealed to Government and the appeal succeeded. By an order made by Government on 31 July, 1961, two persons who were juniors to the petitioners but who had been promoted earlier were placed below the petitioner and the petitioner was assigned higher position. His promotion to the next higher grade of Excise Inspector was made retrospective and it took effect from the date on which his immediate junior was promoted.

(2.) Thereafter, the petitioner was urging for the re-fixation of his pay in the higher post on the basis of the retrospective promotion, and, notwithstanding a large number of reminders sent by him to Government he received no reply. This writ petition is the sequel to the correspondence which went on between the petitioner and Government in that way. Although the prayer in this writ petition is somewhat cumbersome, it is clear that the prayer in effect is that there should be a direction for the payment to the petitioner of the pay with respect to the antecedent period during which he was superseded.

(3.) During the pendency of this writ petition the petitioner died and his leg representatives have been brought on the record.