IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 21ST FEBRUARY 2007 / 2ND PHALGUNA 1928 OP.No. 13012 of 2001(Y) ----------------------------- PETITIONER: ------------------ N.SREEDHARAN PILLAI, SECRETARY, KOTTARAKKARA TALUK HOUSING CO- OPERATIVE SOCIETY LTD. NO. Q 451, KOTTARAKKARA P.O. BY ADV. SRI.A.JAYASANKAR SRI.C.ANIL KUMAR RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, CO- OPERATION (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO – OPERATIVE SOCIETIES (GENERAL) KOTTARAKKARA. 3. ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES (GENERAL) KOTTARAKKARA. 4. KOTTARAKKARA TALUK HOUSING CO- OPERATIVE SOCIETY LTD., NO.Q 451, KOTTARAKKARA 691 506. BY GOVERNMENT PLEADER SRI.PAULSON DAVID KANNAMPUZHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- O.P. No. 13012 of 2001 ---------------------------------------------- Dated 21st February, 2007. J U D G M E N T Petitioner is aggrieved since the benefit of higher grade, counting his service from the beginning is not granted in the light of Ext.P2. It is seen from Ext.P2 that the same is in supersession of the earlier Government Orders. True, Ext.P2 Government Order has retrospective effect only from 27.4.1991. But G.O.(MS)39/91 dated 27.4.1991 permitted first time bound higher grade on completion of ten years. That Government Order has effect from 25.9.1984. The petitioner entered service on 1.11.1975 and hence he is entitled for the first time bound higher grade on 1.11.1985 and thereafter, the second on 1.11.1995. The impugned orders are hence quashed. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- O.P.No.13012 of 20021 (Y) ---------------------------------------------- J U D G M E N T Dated 21st February, 2007.