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. 15087 of 2005(U) -------------------------------------- PETITIONER: ----------------- P.N.VRINDAVANAN, JUNIOR SUPERINTENDENT- IN-CHARGE OF ASSISTANT PERSONAL MANAGER, KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD., REGIONAL OFFICE, KOCHI, NOW WORKING IN THE HEAD OFFICE AT ALAPPUZHA. BY ADV. SRI.P.V.BABY RESPONDENTS: ----------------------- 1. KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD. NO.679, ALAPPUZHA, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE DIRECTOR OF COIR DEVELOPMENT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R2, R3 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN R1 BY ADV. SRI.B.SURESH KUMAR, SC, COIRFED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).15087/2005-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPEAL ALONG WITH STAY PETITION SUBMITTED BY AN AFFIDAVIT DATED 31/08/2004 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2: COPY OF JUDGMENT DATED 09/09/2004 IN W.P.(C). NO.26320/2004 OF THIS HON'BLE COURT. EXT.P3: COPY OF ORDER DATED 22/04/2005 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.15087 of 2005-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of July, 2008. JUDGMENT The petitioner, an employee of COIRFED was allowed a higher grade with effect from 1-9-1993 on completion of 10 years of service as Upper Division Clerk. That was approved by the Managing Committee of the first respondent and orders were issued giving him the benefit he had been enjoying. That was ordered to be withdrawn as per an order of the General Manager of the first respondent issued on 23-5-2000. The petitioner had challenged it. He was relegated by this Court to the Government. The Government have issued Ext.P3 stating that he was not entitled to the higher grade as was granted to him on 1-9-1993 in view of the Government Order referred to in WP(C)15087/2005 -: 2 :- Ext.P3, namely, GO(Ms)No.7/96/Co-op. dated 25-1- 1996. That Government Order is given retrospective effect from 27-4-1991. That Government Order or its retro activity is not challenged in this writ petition. Therefore, the re-fixation of the date of effect of a higher grade on the basis of G.O.(Ms)No.7/96 cannot be impinged. However, any benefit already enjoyed on the basis of the grant of higher grade and which the petitioner had enjoyed till any re- fixation is done cannot be recovered since such deprivation is attempted to be affected only by giving retrospective effect to an executive decision. It is not the case of a creation of an error or a mistake while granting the higher grade way back from 1-9-1993. For the aforesaid reasons, Ext.P3 and the decision impugned in the appeal that led to Ext.P3 will stand as regards any re-fixation of the date of grant of higher grade but there shall be no recovery of any amount on the basis of Ext.P3 order or the decision which was the subject matter of the appeal that led to that WP(C)15087/2005 -: 3 :- Government Order. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160708