Rajappan Nair vs State of Kerala and Others

Subramonian Poti, A.C.J.

It quite often happens that a Government Servant does not get his due promotion on the date he ought to have got it, but later it is given to him

with retrospective effect from an earlier date. If for no fault of his promotion to a Government servant is delayed and it is given to him later with

retrospective effect from the date on which it was due the Government servant is naturally entitled to restoration of the benefits which he has lost

not on account of his conduct or laches. It is only proper that the Government should restore to him all that is lost by way of salary or other

emoluments. This is a principle stated-by our learned brother Khalid, (J.) in Narayana Menon v. State of Kerala 1978 KLT 29, a principle

concerning which we could not see how any exception could be taken. Since the question has been elaborately considered by our learned brother

with which we are in respectful agreement we do not think we should go into this any further.

In the case before us by the judgment of this Court Ext. P-5, the Petitioner was found entitled to assignment of date of promotion as Senior

Malayalam Pandit on 17th January 1959. Consequent upon such assignment of date he has necessarily to be treated as Senior Malayalam Pandit

from that date. We have found the State quite often taking a stand that even if a person is retrospectively promoted in recognition of his rights since

the person so promoted had not actually worked in that post he is not entitled to the emoluments of that post. We have not been shown the

support of any rule or logic to deny the benefit of the salary to the person so promoted. It may be that such delayed promotion was not on account

of any fault of the Government, but on account of conduct of the party himself. But in the normal run of cases where no such conduct can be

attributed to the person who has the lost benefit of his appointment at the proper time when that is restored to him such restoration would be

effective only if whatever would accompany that office would go to him. Otherwise it will only be a partial restoration resulting in loss to the

person, a loss which he is not bound to bear. We therefore allow the Original Petition and direct that the Petitioner''s pay be refixed in the grade of

High School Assistant in accordance with Ext. P-5. This shall be done within six months from today.