All the petitioners seek higher Grade in the post in which they have been allegedly stagnated. The petitioners 1, 2, 4 and 5 are still continuing in the employment of the respondent Bank and the 3rd petitioner retired as Assistant Secretary. The petitioners claim benefit of Ext.P1 Government Order, by which Higher Grade has been granted to the employees of the Co-operative Societies. 2. Primarily it is to be noticed that concept of Higher Grade has been introduced only in mitigation of hardship caused to employees by reason of stagnation in a post for long years without any career advancement. Ext.P1 notification, in the case of employees under the sub-staff category as also the employees under the Supervisory category, provided for Higher Grade on completion of ten years of service in the entry post. The 2nd Higher Grade was entitled on completion of ten years in the 1st promoted post or a total service of 20 years in the entry post and the 1st regular promotion post. All the petitioners claim benefit under the 2nd Higher Grade since, according to the petitioners, they have been stagnated in the promoted post.
3. The petitioners rely on Ext.P9 judgment of this Court. In Ext.P9 judgment with respect to three petitioners therein, the claim was for the Higher Grade, taking into consideration the 20 years total service rendered by them. The Government contended that the petitioners had earned “a” promotion in between and hence are not entitled for 2nd Higher Grade. This Court interpreting the provisions in Ext.P1 clearly found that the same is not correct since what is intended for 2nd Higher Grade is a total 20 years in the entry post and the 1st promotion post. This proposition does not at all aid the petitioners herein, since they are not now continuing in the 1st promoted post. Nor is the claim made with respect to stagnation in the 1st promotion post.
4. The Counter affidavit of the Government clearly shows the service details of the petitioners. The 1st petitioner was appointed as an Attender on 01.11.1977 and promoted as Junior Clerk on 01.12.1980. Subsequently, the 1st petitioner was promoted as Senior Clerk on 01.01.1982, then as Accountant on 01.07.1984 and eventually as a Branch Manager on 01.10.2002.
5. The 2nd petitioner was appointed as Salesman on 31.03.1975 and promoted as Junior Clerk on 01.01.1979. Subsequently, he was promoted as Senior Clerk on 01.08.1979, then as Head Clerk on 01.01.1982, as Assistant Branch Manager on 01.07.1984 and as Secretary on 01.09.2005.
6. The 3rd petitioner was appointed as Junior Clerk on 15.02.1967 and was promoted as Senior Clerk on 01.04.1979, as Accountant on 01.08.1979, then as Assistant Secretary on 01.07.1984. He retired on 31.03.2001.
7. The 4th petitioner was appointed as Salesman on 05.03.1980 and posted as Attender on 01.04.1982. Thereafter he was promoted as Junior Clerk on 01.07.1984 and as Accountant on 01.10.2002. He was promoted as Branch Manager on 01.11.2006.
8. The 5th petitioner was appointed as Attender on 02.02.1981 and promoted as Senior Clerk on 01.06.1988 and thereafter as Accountant on 01.11.2006.
9. In such circumstances, it is very clear that all the petitioners have obtained more than one promotion. The benefit under Ext.P1 notification is only to those persons who were stagnated in the entry post or in the 1st promotion post; the former on completion of ten years and the latter on completion of 20 years. The only declaration of law in Ext.P9 is that a person who has 20 years of service in the entry post and the 1st promotion post together would also be entitled for relief. That is not the position in the present case. The learned counsel for the petitioner would rely on the resolution passed by the Bank which obviously has been overturned by the Assistant Registrar by Exts.P5 to P8 which is affirmed by the Government in Ext.P11.
In the above circumstances, the writ petition is found to be devoid of merit and the same is dismissed. The orders impugned are upheld. Parties are left to suffer their respective costs.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//