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PETITIONER: R. PARANGUSAM

       Vs.

RESPONDENT: CHIEF ELECTRICAL INSPECTOR & ANR

DATE OF JUDGMENT:       22/07/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  1996 SCALE  (5)697

ACT:

HEADNOTE:

JUDGMENT:                             WITH              CIVIL APPEAL WITH NO. 9865 OF 1996           (Arising out of S.L.P. (C) No. 14996/93)                          O R D E R      Delay condoned.      Leave granted.      We requested  Shri C.S.  Vaidyanathan,  learned  senior counsel to assist the appellant. We have heard the arguments for the  State and  also Mr. C.S. Vaidyanathan. The Tribunal in the  impugned order,  while setting  aside the  order  of compulsory retirement  from service,  remitted the matter to the Government  to conduct  the enquiry  afresh after giving opportunity to  the appellant  and  based  thereon  to  pass appropriate orders  for fixation  of the  pension etc. It is not in  dispute that  the appellant has already retired from service. It  is also  not in dispute that the advances drawn for construction  of the house allotment of the house in the name of  his wife  by Housing Board has already been redone. Consequently, there  is no  detriment caused  to the  State. Since he  had already retired from service, we think, on the facts and  circumstances of  the case,  it is not a case for conducting a  fresh enquiry as directed by the Tribunal. The order of  the Tribunal  is  set  aside.  The  Government  is directed to  consider his case fur promotion on par with the juniors who  were promoted  pending enquiry,  and then grant him promotion if he is found eligible with all consequential reliefs. The  Government will  also redetermine his notional scale of  pay on the promotional post and pay the arrears of salary and  also pension as if he had retired on promotional post. This  action should be taken and payment made within a period of  six weeks  from the  date of  the receipt  of  is order.      The appeals are accordingly allowed. No costs.