M S TANDON Vs. STATE

JUDGEMENT

(1.) PETITIONER is retired KAS officer and is before the Court since 1984 agitating his grievance for promotion to the KAS super -time scale of Rs.2600 -3100 (unrevised). This is the third round of litigation launched by him in a relentless battle only to vindicate his claim which may only lead to an increase of a few hundred of rupees in his pensionary benefits.

(2.) IT transpires that the state -respondent passed Govt. Order No. 2059 -GD of 1983 dated 19 -12 -1983 promoting some officers belonging to KAS to its super -time scale. Of these, 5 officers junior to petitioner were also promoted by this order. He felt aggrieved and filed writ petition before this court which alongwith the batch of petitioners (leading petition being writ petition No. 384/84) was disposed off by judgment dated 18 -07 -1986 wherein after noticing that he was unjustifiably superseded, it was directed as under

(3.) THERE shall be no order as to costs". Petitioner feeling dissatisfied by the direction contained in the judgment filed LPA (SW) No. 43/89 on the plea that once his writ petition was allowed by the writ court, it should have quashed the impugned promotion retrospectively from 19 -12 -1983 when the impugned order of promotion was passed. This appeal was disposed off vide judgment dated 27 -04 -1995, as under: -