IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 30477 of 2009(D) --------------------------------------- PETITIONER: ------------------- P.K.JANANAYANAN, PEON, AGENCY FOR DEVELOPMENT OF AQUACULTURE KERAL (ADAK) REGIONAL OFFICE, ERNAKULAM. BY ADV. SRI.B.PREMOD. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FISHERIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF FISHERIES, DEPARTMENT OF FISHERIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SECRETARY TO THE GOVERNMENT, GOVERNMNT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE SECRETARY TO TH GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. THE EXECUTIVE DIRECTOR, AGENCY FOR DEVELOPMENT OF AQUACULTURE KERALA (ADAK), REGIONAL OFFICE, ERNAKULAM. R1 TO R4 BY GOVT. PLEADER SRI. ARAVIND BABU, R5 BY ADV. SRI.C.A.JOY,(S.C). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30477/2009-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER REGULARIZING THE APPOINTMENT OF THE PETITIONER DT. 11/07/2005. EXT.P.2: COPY OF THE MEMORANDUM OF ASSOCIATION AND RULES AND REGULATIONS OF ADAK. EXT.P.3: COPY OF THE CERTIFICATE OF REGISTRATION OF ADAK. EXT.P.4: COPY OF THE ORDER DT. 24/04/09 AS G.O.(P).NO.154/2009/FIN. ISSUED BY THE FINANCE DEPARTMENT. EXT.P.5: COPY OF THE ORDER DT. 30/04/09 AS G.O.(P).NO.158/2009/FIN. ISSUED BY THE SECRETARY TO THE FINANCE. EXT.P.6: COPY OF THE PROCEEDINGS OF THE EXECUTIVE DIRECTOR ADAK, THIRUVANANTHAPURAM DT. 16/12/2005. EXT.P.7: COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DT. 28/07/2009. EXT.P.8: COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DT. 12/05/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J ....................... W.P.(C).30477/2009 ....................... Dated this the 22nd day of June, 2010 JUDGMENT Petitioner was an employee of the 5th respondent, a Society, registered under the Travancore - Cochin Literary Scientific and Charitable Societies Act, 1955. He is seeking benefit of Exts.P4 and P5, Government Orders unifying the date of retirement at the end of the financial year. 2. However, learned counsel for the 5th respondent, referring to paragraph 6 of the counter affidavit contends that the order unifying the retirement date of the State Government employees, is inapplicable to the 5th respondent since the same has not been adopted in the Society. It is stated that so far no decision in this regard has been taken either by the Executive Committee or by the Governing Body of the 5th respondent. Therefore, according to him, petitioner is not entitled to the benefit of Exts.P4 and P5. 3. In Muraleedharan Nair v. State of Kerala (2010 (1) KLT, 161), a Division Bench of this Court has held that unless the order W.P.(C).30477/09 2 has been adopted, such order will not be applicable to the employees of the establishment in the nature of the 5th respondent. 4. In this case, it is the specific case of the respondents that Exts.P4 and P5 have not been adopted. If that be so, petitioner cannot seek the benefit of Exts.P4 and P5. The writ petition fails and it is accordingly dismissed. ANTONY DOMINIC, Judge mrcs