IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4592 OF 2008 ( @ SPECIAL LEAVE PETITION (C) NO. 1819 OF 2006 )

K. Narayanan       .... Appellant (s)

Versus

State of Kerala        .... Respondent(s)

O R D E R  

1) Leave granted.

2) The appellant herein has filed a representation before the State Government that

he was denied grade promotion on completion of 12 years and thereafter 20 years of

service.   As  the  Government  rejected  his  claim  vide  order  dated  27.03.1992,  the

appellant filed a writ petition before the High Court. The learned Single Judge of the

High Court, by judgment dated 07.11.1997, directed the authorities to consider the

application of     the   appellant   and   pass   appropriate orders.     As    per    the

direction  of the High Court, the State  

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Government passed an order (Annexure-P4) which reads as follows:-

“In  the  circumstances  explained  above  and  in  view  of  the  observation contained in the judgment, Government is pleased to grant the benefit of higher grade to Shri    K. Narayanan, Retd. HAS (Hindi), K.V.R. High School, Shoranur with effect from 01.07.1968 on completion of 12 years service and senior grade with effect from 01.07.1976 on completion of 20 years of service  without  back arrears  and for  the purpose of  pensionary benefit only.”

3) Being aggrieved by the non-payment of back arrears, the appellant filed another

writ petition before the High Court.  The learned Single Judge of the High Court was

pleased to dismiss the same and the Division Bench also declined to interfere with the

same as there was delay in making the claim.  

4) Heard both sides.  

5) The appellant is a retired Government servant and he has all along been  seeking

for the difference in salary payable to him, consequent on his grade promotion which

was granted to him retrospectively and that too for a short period.  The promotion was

denied to him not due to his fault and we   do   not   think   that   the    Government

was   justified   in   denying   the   claim      to   the  

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appellant.  In the circumstances, we set aside the judgment of the Single Judge and

Division Bench and direct that the Government may pass appropriate orders on the

appellant’s back arrears and settle the same at the earliest at least within a period of

three months.  

6) We make it clear that no interest is payable to the appellant.  

7) The appeal is allowed accordingly.  No costs.  

     …….…….……………………CJI.

                                        (K.G. BALAKRISHNAN)

 .………………………………….J.           (LOKESHWAR SINGH PANTA)

   ...…………………………………J.                                 (P. SATHASIVAM)                                  

NEW DELHI; 21ST JULY, 2008.      

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