BALWANT SINGH, ASSISTANT ADMINISTRATIVE OFFICER, THE NEW INDIA ASSURANCE COMPANY LIMITED (SINCE DECEASED) THROUGH HIS L.RS. Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED, THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR AND ORS.

JUDGEMENT

(1.) THE writ petition was filed at the time when The Petitioner claimed that he was entitled to be treated as promoted from the day when his juniors were promoted, that is, on 14.01.1985 and sought for other benefits. After the filing of the petition, The Petitioner has expired and the legal representatives have been added. The Petitioner had actually secured promotion post even during his life time, but the case survives for consideration for the monetary benefits that might accrue if The Petitioner's claim to promotions were to be reckoned from anterior date.

(2.) THE contention is that The Petitioner qualified for promotion to the Assistant Administrative Officer's post in a competitive exam and was ranked at Serial No. 3 while four other persons, namely, Durham Lal, S.R. Ahire, Prabh Das and Kesar Das, had been ranked beneath him. The result of the ranking had been released on 21.11.1984 but against The Petitioner's name, remarks had been that, the result was subject to review.

(3.) THE Petitioner shall, therefore, be treated as having been promoted on 14.01.1985 and all the consequential benefits, including the monetary benefits attendant on such promotions shall be worked out and paid with interest at 6% to the petitioners , from the respective dates when they fell due. As far as the relief of salary through the suspension period, the counsel for The Petitioner states that the same had been paid to him in the year 1990 and, therefore, that relief does not any longer survive for consideration.