a date before he joined duty after availing leave. But the respondent has not considered the fact that the promotion granted to the petitioner is already antedated, making it effective from 18.02.2005 on a date on which he was very much in service. Even though the petitioner was on LWA, when promotion was granted originally as per Ext.P10 order on 13.09.2005, when that promotion was antedated to 18.02.2005, petitioner was available on the rolls and there was no disqualification for him for being granted the benefit of promotion. Those who were promoted along with petitioner as per Ext.P10 joined duty only after the order Ext.P10 was issued. Consequent to ExtP3 order dated 5.6.2014, retrospective effect was given to 7 persons senior to Sri. Dilip from various dates and the respondent granted them the benefit of promotion fixing their pay with effect from the respective dates from which promotion was given effect to, subject to their option. Therefore, there is no basis for denial of the benefit of fixation of pay to the petitioner alone with effect from 18.02.2005. Just because he joined duty only after
