IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25893 of 2009(F) -------------------------- PETITIONER(S): --------------- M.K.KUNHIRAMAN, FLAT NO.C 16,N.G.O.QUARTERS, MARYKUNNU P.O.,KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY,PUBLIC WORKS DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (ADMINISTRATION), PUBLIC WORKS DEPARTMENT,TRIVANDRUM. 3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ELECTRICAL DIVISION,KOZHIKODE. BY GP ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).25893/2009 -------------------- Dated this the 15th day of September, 2009 JUDGMENT Petitioner entered service in the Public Works Department as helper (electrical), which was later re- designated as line man Grade-II. Later, the post of line man Grade-II and I was merged. He retired from service on 31.3.2009. According to him, when he was granted the second time bound higher grade on completion of 16 years of service, his salary was fixed at Rs.7990 – 12930 and it was endorsed in the service book as well. But now as per Ext.P4, the Chief Engineer has addressed the Executive Engineer pointing out that the petitioner's pay after grant of second time bound higher grade, should have been fixed in the scale of Rs.7430 – 11910 and that the fixation granted earlier is irregular. Ext.P4 has been challenged in the writ petition. 2. Though several grounds have been taken up in the writ petition, learned counsel for the petitioner points out that a direction to cancell the earlier time bound higher grade granted to the petitioner has been taken without notice to him. W.P.(C).25893/09 2 3. I heard learned Government Pleader also. In the result, Ext.P4 shall be treated as a show cause notice to the petitioner. He shall be granted an opportunity to file his objections to the proposal to cancell the second time bound higher grade and fixation of the pay in the scale of Rs.7990 – 12930. His objections shall be considered and an order shall be passed within three months from the date of receipt of a copy of this judgment. Recovery if any, pursuant to Ext.P4 shall be effected only after such orders are passed. Writ petition is disposed of as above. V.GIRI, Judge mrcs