Denied Promotion, Employee can claim it even after Retirement with all monetary benefits

If an employee is denied eligible promotion while in service, he will be entitled for notional promotion with all the monetary benefits even after the retirement, the Kerala High court has ruled in the case of Joseph John of Government aided Aquinas college of Edakochi.

The petitioner was denied promotion to the post of Superintendent, which he had challenged in High Court. He retired while his writ petition was pending in High court. The High Court while hearing the case found that he had a rightful claim which was wrongly denied by the authorities concerned. The High Court held that since the petitioner's rightful claim was denied , he should be given the notional promotion and granted all the monetary benefits which he would have have been granted had he been in service.