- (1.) At the request of the parties, arguments were heard and special appeal is being disposed off finally.
(2.) This intra-court appeal is directed against order dated 1 st February, 2006 passed by Single Bench, whereby writ petition filed by petitioner/appellant was allowed and the respondents were directed to consider the case of the petitioner for promotion to the post of Assistant Project Officer from the year 1985 and in case, he is found suitable, to give him promotion from the date, the person junior to him has been promoted. It was also directed that petitioner be held entitled for notional pay fixation on the higher post but not be given monetary benefits. Being aggrieved with the later part of the order relating to denial of monetary benefits, the present appeal has been preferred.
(3.) Submission of learned counsel for appellant is that petitioner was denied promotion on the post of Assistant Project Officer in the year 1985, whereas his junior person respondent No.3, was promoted on the said post. His writ petition has been allowed by Single Bench and it has been directed to consider his case on the promotional post and in case he is found suitable then to grant him promotion from the date his junior was promoted. However, he has been denied monetary benefits. He submitted that there was no fault on part of the petitioner and he was denied promotion only because of wrong action on part of the respondents. Therefore, respondents be directed to grant him monetary benefits also. He submitted that petitioner has been considered and has been promoted, but in view of judgment of learned Single Judge, he has not been granted monetary benefits. Therefore, necessary order in this regard may also be passed. In support of his submissions, he referred decisions rendered in cases Union of India & Ors. vs. K.V. Jankiraman & Ors., 1991 4 SCC 109) and State of Kerala & Ors. vs. E.K. Bhaskaran Pillai, 2007 6 SCC 524).;