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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  

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  

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  

pension for the period earlier to 1st 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  

from 1st 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; 15th October, 2015.

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