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8. Petitioner's junior V.R.Sujana, who was placed in Sl.No.275 in the TNPSC Select List-1972, was promoted as Assistant on 16.1.1981 and subsequently as Superintendent on 16.6.2000. Petitioner's seniority in TNPSC Select List-1972 is 274. One of the petitioner's senior viz., P.A.S.Ameerudeen, who was denied appropriate seniority and consequent promotion, submitted representation earlier and petitioner also submitted representation seeking revision of seniority and consequential promotion. Against the rejection order passed insofar as P.A.S.Ameerudeen is concerned, he filed O.A.No.7331 of 2001 and the Tribunal allowed the same by order dated 7.5.2002 and the said order was also implemented. Petitioner having not been treated alike, even though the issue raised by him was similar, approached the Tribunal with a request for revision of seniority and consequential promotion from the date of giving promotion to his juniors. It is to be noted here that even though the said V.R.Sujana passed the departmental tests earlier than the petitioner, she was given promotion only on 16.1.1981. The panel prepared for the year 1976 will be valid only for one year and thereafter it must lapse as per the above quoted statutory rule. Thus, the appellants were duty bound to prepare a fresh panel for 1981 and should have included petitioner's name in the panel above the said V.R.Sujana and should have promoted him as Assistant along with the said V.R.Sujana.

13. The writ petitioner/respondent had retired from service on 31.8.2008. He had not served in the promoted post and not discharged his functions as Superintendent. Hence, the only modification that could be made in the order of the learned single Judge would be, the petitioner's promotion in the cadre of Assistant and Superintendent can be given notionally from the date of promotion given to his junior viz., V.R.Sujana, for the purpose of re-fixing pension and retirement benefits. Consequently, the impugned order of the learned single Judge dated 29.8.2008 is confirmed insofar as the grant of seniority and consequential promotion are concerned. However, the order of the learned single Judge stands modified in respect of extending monetary benefits retrospectively. The appellant department is directed to notionally promote the writ petitioner and order revision of pension from 1.9.2008. The arrears of pension/difference of pension payable to the writ petitioner/respondent herein is directed to be calculated and paid within a period of three months from the date of receipt of copy of this judgment.