IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 OP.No. 21216 of 2000(A) -------------------------------- PETITIONER: ------------------- INDIRA DEVI C.A., VISHNUPRABHA, EROOR SOUTH, TRIPUNITHURA. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS: --------------------- 1. THE SECRETARY TO INDUSTRIES DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRACO CABLE CO. LTD., KSHB OFFICE COMPLEX, PANAMPILLY NAGAR, COCHIN – 36, REP. BY THE MANAGING DIRECTOR. 3. THE MANAGING DIRECTOR, TRACO CABLE CO. LTD., KSHB OFFICE COMPLEX, PANAMPILLY NAGAR, COCHIN- 36. GOVERNMENT PLEADER SRI. M.P.SREEKRISHNAN R3 BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 35516/2000 IN OP NO. 21216/2000 A. DISMISSED 01/02/2008. SD/- K.M.JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE REPRESENTATION DT. 3/2/97 SUBMITTED BY THE PETITIONER BEFORE THE R3. EXT.P2. COPY OF THE OFFICE ORDER DT. 08/05/2000 ISSUED BY THE R3. EXT.P2A. COPY OF THE FIXATION OF PAY IN RESPECT OF THE PETITIONER. EXT.P3. COPY OF THE OFFICE ORDER DT. 24/07/2000 BY THE R3. EXT.P4. COPY OF THE SALARY FIXATION ORDER DT. 24/07/00 ISSUED BY THE R3. RESPONDENT'S EXHIBITS EXT.R3A. COPY OF THE REPRESENTATION DT. 07/04/92 SUBMITTED BY THE PETITIONER. EXT.R3B. COPY OF THE OFFICE MEMO DT. 08/04/92 ISSUED BY THE RESPONDENT. EXT.R3C. COPY OF THE PROMOTION POLICY DT. 12/2/1997. True copy tga K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - O.P. No.21216 of 2000 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2008 JUDGMENT Petitioner was appointed as Clerk on 8.9.1986 in the second respondent. Thereafter on 1.7.1989 she was promoted as General Clerk. Still further on 29.2.1992 she was promoted as Store Keeper. She refused the promotion on health grounds. That came to be accepted. Later on the eligibility for future promotion was condoned and she was promoted as Office Assistant and further promoted as Senior Assistant vide Ext.P2. Ext.P2 is dated 8.5.2000. She was promoted as Office Assistant with effect from 1.1.1995, and Senior Assistant with effect from 1.9.1997. It is while so, petitioner came to be issued with Ext. P3, cancelling Ext.P2 promotion, and Ext.P4 salary re-fixation order. Petitioner challenges Exts.P3 and P4. 2. Respondents have filed a counter affidavit. The case set up by the respondents is that there is a binding settlement arrived at as a result it is provided that those workmen, who refused promotion will not be given any promotion. According to them promotion having been refused, the petitioner is not entitled to further promotion and it was a mistake committed and what has been done by Exts.P3 and P4 is only correction of a mistake. O.P. 21216/2000. 2 3. Petitioner has filed a reply affidavit. 4. I feel that the order that has been passed ought to have been preceded by the observance of principles of natural justice. Petitioner stood promoted vide Ext.P2 retrospectively to the post of Office Assistant and Senior Assistant. It is this promotion, which is sought to be taken away, no doubt within three months from the date of Ext.P2. Nonetheless as pointed out by learned counsel for the petitioner the deprivation of such a right should have been preceded by an opportunity to the petitioner to show cause. In such circumstances, I feel that the petitioner is entitled to have Exts.P3 and P4 quashed. Accordingly, Exts.P3 and P4 and quashed and the third respondent will hear the petitioner and take a decision in the matter in accordance with law within a period of one month from the date of receipt of a copy of this judgment. The Original petition is disposed of as above. (K.M. JOSEPH, JUDGE) sb O.P. 21216/2000. 3 K.M. JOSEPH, J. -------------------------------- O.P. No. 21216 of 2000 -------------------------------- JUDGMENT 1.2.2008.