Civil Appeal No 1384 of 1935 From the Judgment and Order dated 24383 of the Administrative Tribunal at Hyderabad in Representation Petition No 1172 of 1977
A Subba Rao for the Appellant
P Ram Reddy RVSN Chari and Sudesh Menon for the Respondents
The Judgment of the Court was delivered by DESAI J
Special leave granted
Delay in filing the special leave petition condoned
We heard mrA Subba Rao learned counsel for the appellant and Mr Ram Reddy learned senior
counsel for the State of Andhra Pradesh
The appellant claims that if appropriate action would have been taken at the time it was due as per the Ors
No 559 571 dated May 4 1961 which provides that the principle of reservation should be extended to all cadres of posts including posts involving promotions in all departments including the Departments of Secretariat to which it did not apply till then the appellant would have been eligible for promotion as Deputy Registrar of Co operative Societies in 1965
He also claims that by denying him the promotion in violation of the afore mentioned Govt
Order his furture promotion to the post of Joint Registrar has been adversely affected because in that event he would have long since been appointed as Joint Registrar
The appellant sought relief by filing Representation Petition No 1172 of 1977 in the Andhra Pradesh Administrative Tribunal Hyderabad The Tribunal held that the special rules for the Co operative service did not contain any specific provision for the application of rule of reservation and therefore in accordance with the Government Memo dated 2731963 the appellant was not entitled to claim the benefit of the rule of reservation for promotion to the rank of Deputy Registrar between 1965 and 1972 as claimed by him  Alternative submission of the appellant that the action of the Government in giving the benefit of the rule of reservation to the category of Section Officers in the Secretariat in Andhra Pradesh General Service for appointment to the rank of Deputy Registrar while omitting other feeder categories from which appointments by transfers were made to the post of Deputy Registrar was discriminatory and hence violative of articles 14 and 16 of the Constitution was rejected observing that the promotion from the post of Sub Registrar of Co operative Societies to the post of Deputy Registrar of Co operative Societies was in direct line of promotion and therefore this category has been excluded from the table annexed to GOMs No 758 dated October 301976
Accordingly the representation petition was rejected
Hence this appeal by special leave
When the appeal was taken up for hearing Mr Ram Reddy frankly stated that if the benefit of the rule of reservation as set out in the GOMs 559 of May 4 1961 was available to the appellant he would become eligible for promotion to the post of Deputy Registrar wayback in 1965 or latest in 1972
He also frankly conceded that if now the appellant is given promotion out of turn when he did not take effective remedial measures till 1977 when he filed the representation petition there would be extensive disturbance in various categories of posts because once the appellant is given the 572 benefit there are numerous similar cases to whom the same benefit will have to be extended and there will be number of promotions and reversions affecting the service
Mr Subba Rao repelled the submission saying that the appellant has been making numerous representations which have fallen on deaf ears and therefore he should not be made to suffer and be the victim of bureaucratic callousness and indifference
It is now admitted that the petitioner had filed Writ Petition No 376 of 1968 in the High Court of Andhra Pradesh and in response to his request the Government re fixed the seniority of the appellant in the cadre of sub Registrars of Co operative Societies just below Shri N Raghunatha Rao
It is also admitted that the petitioner became eligible for promotion as Deputy Registrar from the year 1965
It is further admitted that the petitioner has been working as Deputy Registrar with effect from October 14 1983
The vertical line of promotion in Co operative service appears to be sub Registrar of Co operative Societies moving upward as Deputy Registrar of Co operative Societies and then to special category of Deputy Registrars and then as Joint Registrar
We were informed that the post of Registrar is an IAS cadre post
The appellant as Deputy Registrar at present is in the pay scale of Rs 1050 1600 and his substantive pay is Rs 1400 per month
The pay scale admissible for the post of special category of Deputy Registrar is Rs 1250 1800
Mr Ram Reddy learned counsel for the State of AP fairly stated that if the court does not accept the interpretation as put by the Tribunal then obviously the appellant would be eligible for promotion from 1965
But his is not the lone case and if the court grants him the relief as claimed by him though he has sought relief after a very long unexplained delay it would create chaos in the service and many promotions and reversions will have to be effected
According to Mr Ram Reddy it is a case in which monetary compensation would be more than adequate
There is considerable force in this submission
As pointed out earlier though undoubtedly the appellant made number of representations he moved for an effective relief as late as 1977
We are therefore not inclined to disturb the existing promotions and postings by holding that the 573 appellant was entitled to promotion way back in 1965
In this background the appellant is entitled to some monetary compensation
Mr Ram Reddy pointed out that after giving the appellant a deemed promotion from 1965 if his monthly salary is worked out according to the scale then admissible for the promotional post roughly Rs 120000 would be payable to him
And if he is given the benifit the State cannot deny identical benefit to persons similarly situated and similarly circumstanced
And they never questioned the alleged impropriety of not giving them the benefit of the Government order in respect of reservations in promotional posts
All these are relevant considerations and to some extent for this situation the appellant himself is to blame
Mr Ram Reddy suggested that the adequate monetary compensation could be around Rs 30000
On the other hand Mr A Subba Rao attempted to pursuade us to give all the backwages on the footing of a deemed date of promotion
We propose to steer the middle course
Before we determine the amount payable as backwages we must make it distinctly clear that while computing the amount we have kept in view the period during which the appellant would be entitled to relief at our hands
As pointed earlier on a proper inter pretation of the relevant Government order the appellant was entitled to promotion in the year 1965 which was postponed upto 1983
Therefore this amount which we propose to award as compensation in the form of backwages is to be spread over for the period 1965 to 1982
Now that the amount of Rs 40000 which we are hereby awarding is payable in one lump sum presumably the Government may resort to Sec
192 of the Income Tax Act but let it be made distinctly clear that the appellant is entitled to the benefit of Sec 89 of the Income Tax Act 1961 and Rules 21A of the Income Tax Rules and he is entitled to relief of spread over
Therefore while computing the total amount of Rs 40000 we have kept the spread over in view for a period of roughly 17 years which would mean that he is being awarded Rs 2 500 per year as backwages
This would not make the income taxable if it is not otherwise taxable
If therefore any deduction is made towards income tax while making the payment it is iucumbent upon the Andhra Pardesh authorities to take all necessary steps to obtain the 574 relief for the appellant under Sec
89 of the Income Tax Act read with Rule 21A of the Income Tax Rules
The appellant is already promoted as Deputy Registrar of Co operative Societies
The scale admissible for the post is Rs 1050 1600
We direct that the pay of the appellant shall be fixed at Rs 1600 ie the maximum of the scale effective from January 1 1984 and he should be paid Rs 40000 in all towards backwages
We order accordingly
The payment herein directed shall be made within a period of three months from today
We order accordingly
There will be no order as to costs


Summary:
GOMs
No 559 dated May 4
1961 issued by the respondent State provides that the principle of reservation of appointments should be extended to all cadres of posts including posts involving promotions in all departments including the Departments of Secretariat to which it did not apply till then
The appellant filed a Representation Petition before the Tribunal as late as 1977 contending that if appropriate action would have been taken at the time it was due as per GOMs
No 559 he would have been eligible for promotion as Deputy Registrar of Cooperative Societies in 1965 and by denying him the said promotion in violation of the aforesaid Govt
Order his future promotion to the post of Joint Registrar has been adversely affected
The Tribunal dismissed the petition holding that tho special rules for the Cooperative service did not contain any specific provision for the application of rule of reservation and therefore
the appellant was not entitled to claim the benefit of the rule of reservation for promotion to the rank of Deputy Registrar between 1965 and 1972 as claimed by him
Hence this appeal by special leave
Condoning the delay in filing the special leave petition and disposing of the appeal the Court  HELD 1 On a proper interpretation of the relevant Government Order the appellant was entitled to promotion as Deputy Registrar in the year 1965 which was postponed upto October 14 1983 when he was promoted as Deputy Register
Though the appellant made number of representation but he moved for an effective relief as late as 1977
Moreover This is not the lone case and if the Court grants him the Relief as claimed by him
though he has 570 sought relief after a very long unexplained delay it would create chaos in the service and many promotions and reversions will have to be effected
The Court is therefore not inclined to disturb the existing promotions and postings by holding that the appellant was entitled to promotion way back in 1965
In this backgaround be is entitled to some monetary compensation
572G H 573A 2 If the appellant is given the benefit of deemed promotion from 1965 the State cannot deny identical benefit to persons similarly situated and similarly circumstanced
And they never questioned the alleged impropriety of not giving them the benefit of the Government Order in respect of reservations in promotion posts
All these are relevant considerations and therefore the amount of backwages is fixed at Rs 40000 payable in one lump sum
While computing the amount the Court has kept in view the period during which  the appellant would be entitled to relief
Therefore The amount of Rs 40000 awarded as compensation in the form of backwages is to be spread over for the period 1965 to 1982
Since the amount is payable in one lump sum presumably the Government may resort to section 192 of the Income Tax Act but let it be made distinctly clear that the appellant is entitled to the benefit of sec
89 of the Income Tax Act 1961 and Rule 21A of the Income Tax Rules and is entitled to relief of spread over
The pay of the appellant shall also be fixed at Rs 1600 ie the maximum of the scale of Deputy Registrar effective from January 1 1984
573E H 574B C