MANAGEMENT/SPECIAL OFFICER Vs. M GOVINDAN

JUDGEMENT

(1.) The appellant is the respondent in the writ petition. The writ petition was filed by the first respondent herein/writ petitioner inter alia contending that the services rendered by him in the Primary Agricultural Co-operative Society prior to the subsequent appointment with the appellant with effect from 01.01.1995 should also be reckoned for the benefit conferred under G.O.Ms.No.144 Co-operation Food and Consumer Protection Department, dated 06.07.2000. The learned single Judge accepting the contention, accordingly allowed the writ petition. Challenging the same, the present writ appeal has been filed.

(2.) The learned counsel appearing for the appellant would submit that the appointment of the first respondent for the post of Junior Assistant is a fresh one as seen from the appointment order dated 21.08.1995. This position is well known to the first respondent as seen from the undertaking given on 01.09.1995. Therefore, there is no difficulty in reckoning the services rendered from 01.01.1995 to 31.08.2007 as Junior Assistant as per G.O.Ms.No.144 Co-operation Food and Consumer Protection Department, dated 06.07.2000. The same cannot be extended to the service rendered in the Primary Agriculture Co-operatives Bank Limited as the Secretary, which is a different capacity. It is further submitted that the said Government Order is very specific, which is to help such of those employees, who were getting stagnated in a particular post without having any chance of promotion for a period of 12 years.

(3.) The learned counsel appearing for the respondents 2 and 3 would submit that inasmuch as the first respondent was factually working in the Primary Agricultural Co-operative Bank earlier, there is no interference is required.