R NATARAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties.

(2.) THE present writ petition has been filed by the petitioner challenging the order dated 13.3.2000, passed by the second respondent (Chief Judge, Pondicherry), refusing to grant promotion to the petitioner to the next higher post of Senior Clerk in the Pondicherry Judicial Subordinate Service.

(3.) HAVING regard to all these aspects, we direct that the petitioner shall be deemed to have been notionally promoted with effect from the date on which his immediate junior was promoted and on that basis, the increments shall be calculated notionally, but no financial benefit would be made available prior to the date of actual promotion, that is to say, 13.8.2004 and on the basis of such notional increment, the pay scale of the petitioner in the promoted post shall be re-fixed and the actual benefit would be made available with effect from 13.8.2004. This order may be carried out within a period of four months from the date of communication of this order. The writ petition is disposed of accordingly. No costs.