IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WA.No. 500 of 2008 --------------------------- AGAINST THE JUDGEMENT IN OP.7591/2000 DATED 23/10/2007 .................... APPELLANT/ 1ST RESPONDENT: ----------------------------------------------- THE KALLURKKAD FARMERS' CO-OPERATIVE BANK LTD.NO.2605, P.O. KALLURKKAD, MUVATTUPUZHA, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.SOJAN MICHEAL. RESPONDENTS/ PETITIONER & RESPONDENTS 2 & 3: ----------------------------------------------------------------------------- 1. MANUEL MATHEW, KALLURKKAD FARMERS' CO-OPERATIVE BANK LTD.NO.2605, KALLURKKAD P.O., MUVATTUPUZHA, ERNAKULAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO CO-OPERATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SRI. NOBLE MATHEW, ADV. SRI. P.V. BABY, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- W.A.No.500 OF 2008 ------------------------------------- Dated 3rd March, 2008 JUDGMENT Koshy,J . Writ petitioner was promoted to the post of Junior Clerk in the Bank from 1.10.1984. In view of G.O.(M.S).39/91 he is entitled to stagnation benefit if he is continuing in that post for a minimum period of 10 years. Therefore, in 1994 he was entitled to get the benefit of a higher grade. But, in 1986 proceedings were taken against him and he was reverted and, therefore, in 1994 when he has completed 10 years of service in the same post, he has not given the stagnation benefit. The reversion was set aside subsequently. But, by that time, rule was also amended by G.P.(MS).No.7/96 retrospectively with effect from 27.4.1991. Learned Judge found that if he was not reverted, he would have got stagnation benefit in 1994. It is not disputed that if he was not reverted he would have got it and subsequent Government Order will not take away the above benefit. Therefore, since reversion was set aside and as the authorities found that reversion was illegal, he is entitled to get the stagnation benefit on 1.10.1994 when he completed 10 years as junior clerk. Therefore, writ petition was allowed by the learned single Judge. We fully agree with the learned single Judge and W.A.500/2008 2 writ appeal is dismissed. As requested by the counsel for the appellant, we give six weeks' further time for implementing the judgment. J.B.KOSHY JUDGE K.HEMA JUDGE tks