KERALA STATE ELECTRICITY BOARD versus MR. SARATCHANDRAN P. & ANR.

KERALA STATE ELECTRICITY BOARD versus MR. SARATCHANDRAN P. & ANR.

The appellant (Board) is not obliged to grant promotion with retrospective effect or monetary benefit where out of turn promotions of juniors, found subsequently illegal, do not entitle senior employees to parity under Article 14. No relief can be granted for retrospective promotion simply because juniors benefitted from an illegality.

Parties
Appellant: Kerala State Electricity Board; Respondent: Mr. Saratchandran P.; Respondent: L. Radhadevi; Respondent: S. G. Rajappan
Jurisdiction
India
Judgment Date
18 September 2008
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed. Impugned judgment set aside.
Legal Topics
Equality Under Article 14, Seniority and Promotion, Retrospective Promotion, Service Regulations
Constitutional Law Service Law Equality Under Article 14 Seniority and Promotion Retrospective Promotion Service Regulations

Case Brief

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Parties

Kerala State Electricity Board

Appellant

Mr. Saratchandran P.

Respondent

L. Radhadevi

Respondent

S. G. Rajappan

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether senior employee is entitled to retrospective promotion and monetary benefits on account of juniors' out of turn promotions found illegal under the Regulations and Article 14 of the Constitution

Ratio Decidendi

The appellant (Board) is not obliged to grant promotion with retrospective effect or monetary benefit where out of turn promotions of juniors, found subsequently illegal, do not entitle senior employees to parity under Article 14. No relief can be granted for retrospective promotion simply because juniors benefitted from an illegality.

Court Disposition

Appeal allowed. Impugned judgment set aside.

Orders

  • No order as to costs.