P MANI Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner herein seeks Writ of Mandamus to direct the respondents to pay all the monetary benefits and the arrears on the revised pay in the post of Head Constable retrospectively with effect from 24.11.1999.

(2.) BY proceedings dated 09.08.2005, the second respondent pointed out that even though the petitioner is entitled to have his promotion with effect from 24.11.1999, as far as the monetary benefits are concerned, the petitioner was entitled to have the same on and from 28.10.2004 only. That for the notional promotion granted, the petitioner will not be entitled to any monetary benefit. Aggrieved by the same, the present writ petition is filed.

(3.) I have gone through the judgment of the Apex Court, which, in particular, had given the guideline as to the benefit that the Government servant would be entitled to in respect of a notional promotion particularly in a case where the criminal proceedings had ended in acquittal and the disciplinary proceedings too, in favour of the Government servant. Going by the regulations thus available on this issue, the order passed on 09.08.2005 in flatly rejecting the prayer of the petitioner for granting monetary benefit from the time he was promoted even notionally, hence, merits to be set aside.