1. The prayer in this writ petition is to quash Ext.P12 and to declare that the petitioner is entitled to get 2nd Higher Grade with effect from 07.04.2024 in the post of Secretary. There is also a prior to quash Ext.P16. The petitioner was appointed as an Attender as per Ext.P1 order under the 3rd respondent Society, at a time when the 3rd respondent Society was classified as a Class III Society. As per Ext.P2, the 3rd respondent Society was classified as Class I Society and a post of Secretary was sanctioned by the Joint Registrar (General), Ernakulam. Since the petitioner was qualified to hold the post, he was appointed as Secretary with effect from 07.04.2008. The appointment was not approved by the Joint Register on the ground that the appointment was not in accordance with the Feeder Category Sub Rule. Thereafter, the petitioner was issued a notice for recovery of the excess pay he had drawn on the basis of the wrong promotion. W.P.(C) No.3685 of 2015 filed by the petitioner was allowed. The impugned order was set aside and it was declared that the promotion of the petitioner as Secretary in the 3rd respondent Society with effect from 07.04.2008 was in conformity with Rule 188 of the Kerala Co- operative Societies Rules, 1969 and that the petitioner was entitled to all consequential benefits. Petitioner was granted the first Time Bound Higher Grade with effect from 07.04.2016 on completion of 8 years of service as Secretary. By Ext.P10, the 3rd respondent decided to grant 2nd Higher Grade to the petitioner with effect from 07.04.2024 on completion of 16 years of service in the post of Secretary and the said decision along with the relevant documents were sent to the 2nd respondent for approval. After some legal proceedings, the 2nd respondent finally issued Ext.P12 order rejecting the proposal of the 3rd respondent to grant 2nd higher grade to the petitioner. The petitioner has challenged Ext.P12 stating that it is in violation of Ext.P13 Government Order.

2. On 11.11.2024, this Court passed an interim order directing the 2nd respondent to revisit Ext.P12 and pass fresh orders. Thereafter, fresh orders were issued as per Ext.P16, confirming the earlier order. The contention of the petitioner is that the petitioner is entitled to two higher grades based on Ext.P13. Ext.P13 is the Government Order dated 15.02.2021, which says that employees belonging to sub staff category can be granted maximum 4 higher grades i.e. 1st higher grade after completion of 8 years of service, 2nd higher grade after completion of 16 years of service, 3rd higher grade after completion of 23 years of service and 4th higher grade after completion of 28 years of service and for other employees, maximum two time bound higher grades can be granted, 1st higher grade after completion of 8 years of service and 2nd higher grade after completion of 16 years of service. The reasoning in Ext.P16 is that the petitioner joined service as Attender and got a direct promotion to the post of Secretary and thereafter he has been given one higher grade and as such he is not entitled to the 2nd higher grade.

3. The 2nd respondent has filed a counter affidavit. Along with the counter affidavit, the 2nd respondent has produced Ext.R2(b) Circular dated 16.11.2015. The Circular specifically says that such a 2nd higher grade is not available. Ext.R2(c) is the Circular No. 27/2021 dated 02.04.2011, Clause 22 of which says that on completion of 16 years of service in the entry cadre or on completion of 8 years after earning a promotion in the sub staff category, the 2nd higher grade can be granted. A 3rd higher grade is contemplated only in the entry cadre on completion of 23 years. The counter affidavit further says that the petitioner got promoted from sub staff to the higher post on 07.04.2008 and he got the 1st higher grade on completion of 8 years in the post of Secretary on 07.04.2016. The petitioner also did not opt for the 16 years higher grade with effect from 01.02.2005 from the entry post, which fell due on 01.02.2021 since it was not beneficial to him. Ext.R2(f) is the judgment of this Court in W.P.(C).No.30230/2003, wherein the above position of law was affirmed. This is not a case where there was any stagnation in the post, since the petitioner had earned a promotion from the sub-staff category.

                  No grounds made out. The writ petition fails and is dismissed.