IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 36489 of 2004(R) -------------------------------------- PETITIONER: ------------------ SHAJI KUMAR, L.D.CLERK, STATE CO-OPERATIVE UNION, KERALA SAHAKARANA BHAVAN THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. REGISTRAR OF CO-OPERATIVE SOCIETY, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 3. STATE CO-OPERATIVE UNION REPRESENTED BY ITS SECRETARY, P.B.NO.35, THIRUVANANTHAPURAM. R1, R2 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN R3 BY ADV. SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).36489/2004-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE GOVERNMENT DATED 30/07/92. EXT.P2: COPY OF THE PROMOTION ORDER OF THE PETITIONER AS L.D. CLERK WITH EFFECT FROM 13/08/92. EXT.P3: COPY OF THE JUDGMENT IN O.P.3325/97 OF THIS HON'BLE COURT. EXT.P4: COPY OF THE RESOLUTION OF THE 3RD RESPONDENT DATED 25/02/2003. EXT.P5: COPY OF THE JUDGMENT IN W.A. NO.1966/2003 OF THIS HON'BLE COURT. EXT.P6: COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 27/10/2003. EXT.P7: COPY OF THE ORDER CANCELING THE HIGHER GRADE. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.36489 of 2004-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of July, 2008. JUDGMENT The impugned Ext.P7 re-fixing the date of entitlement of the petitioner to the scale Rs.4500-100-5000-125-7000 is issued on the basis of the specific findings of this Court in Exts.P3 and P5 judgments holding that he was entitled to seniority in the category of Lower Division Clerk only from 30-7-1992. By those judgments, this Court had affirmed the stand of the official respondents that the earlier view granting him retrospective relief from January 6, 1990 could not be sustained in view of the fact that between that date and 8th October, 1992, the date on which the petitioner was granted exemption from qualification, many other direct recruits have come to the category of L.D.Clerks. So much so, there is nothing illegal in Ext.P7 warranting WP(C)36489/2004 -: 2 :- interference by this Court under Article 226. However, having regard to the fact that he was being deprived of a benefit which accrued only on an earlier reason giving retrospective placement, it is directed that no amount shall be recovered from the petitioner on the strength of Ext.P7. The writ petition is ordered accordingly. No costs. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160708