Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2666 OF 2009
UNION OF INDIA & ORS. ... APPELLANT(S)
VS.
P.NAGESWARA RAO ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Heard the learned counsel.
2. It is a strange case where the respondent had
passed an examination for being promoted to the
post of Assistant Sub-Inspector (Ministerial) (for
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short “ASI(M)”), though he was not eligible for
promotion to the said post, as per the Rules which
were prevailing at the relevant point of time. In
the afore-stated circumstances, after having worked
as ASI(M) for 23 days, he was reverted to the post
of Water Carrier, to which he belonged to.
3. Subsequently, by virtue of the amendment in
the Rules, it was possible for the respondent to
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get promotion to the post of ASI(M), but he did not
appear at the qualifying examination as he had
already passed the said examination.
4. In the litigation initiated by the
respondent, the High Court held that as the
respondent had already passed the said
examination, it was not necessary for him to pass
the examination again and therefore, he should be
reinstated in the post of ASI(M) with effect from
the date on which he was reverted from that post.
5. It is an admitted fact that the respondent
has already been superannuated and he had worked as
a ASI(M) only for a period of 23 days. In the
circumstances, there is no issue with regard to
reinstatement of the respondent as ASI(M). The
only issue which survives now is with regard to his
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pension.
6. Looking at the peculiar facts, we modify the
order passed by the High Court to the effect that
the respondent shall be given pension as if he had
retired as ASI(M). He shall not be given increased
st
pension for the period earlier to 1 November, 2015
and for the purpose of fixation of pension it
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would be presumed that he was drawing the minimum
of pay scale in the cadre of ASI((M) with effect
st
from 1 November, 2015.
7. The appeal is disposed of as partly allowed
with no order as to costs.
.................J.
[ANIL R. DAVE]
.................J.
[ADARSH KUMAR GOEL]
New Delhi;
th
15 October, 2015.
JUDGMENT
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