SOMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) CASE of the petitioner is that his promotions to various categories were denied and delayed for no fault of his and on account of it he has sustained substantial pecuniary loss. Government issued G. O. (RT) 276/87/f and CSD dated July 9, 1987 sanctioning notional promotion to the petitioner in the grade of District Supply Officer with effect from October 28, 1983 without the benefit of back arrears. This is evidenced by Ext. P. 1. Ext. P1 shows that the Government restored the rank and seniority of the petitioner in the cadre of District Supply Officer just above Sri. Abdul Kalam and below Sri. Varghese Varkey. It is made clear that the petitioner would be given the benefit of notional promotion in the cadre of District Supply Officer with effect from October 28, 1983, the date on which his immediate junior assumed charge in that cadre, without the benefit of back arrears. Respondents issued Ext. P8 order on the representation made by the petitioner stating their inability to grant the back arrears for the notional promotions granted to him in the various non-gazetted and gazetted cadres on the ground that he did not actually work in those posts from these notional dates.

(2.) CONTENTION of the petitioner is that he being the senior to Sr. Abdul Kalam who was promoted as the District Supply Officer on October 28, 1983 should not have been denied of the back wages especially when the Government accepted the mistake and granted promotion to him in the cadre of District Supply Officer with effect from October 28, 1983. It is asserted by the petitioner that the denial of promotion to him for a long period was not on 1 account of any fault attributable to him but occurred due to the sole reason of the respondents' willful failure to issue appropriate promotion orders to various grades including that of the District Supply Officer and also on 1 account of the failure to make fixation of correct seniority in the respective grades at the appropriate time.

(3.) PROCEEDINGS of the Board of Revenue 2 (Civil Supplies) dated November 3, 1975 (Ext. P2) shows that sanction was accorded for the restoration of the rank of the petitioner above Sri. Abdul Kalam. Relying on Ext. P2 learned counsel for the petitioner submitted that as early as November 3, 1975 the respondents were aware of the fact that the petitioner was senior to Sri. Abdul Kalam and they failed to give him promotion at the appropriate time and therefore they cannot deny him the benefit of back arrears of salary.