IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 20797 of 2009(T) --------------------------------- PETITIONER: --------------- ALICE ABRAHAM, AGED 42 YEARS, W/O.ABRAHAM GEORGE, VALLIELIL HOUSE, AYROOR NORTH P.O., PATHANAMTHITTA DISTRICT. BY ADV. MR.V.PHILIP MATHEW RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, PATHANAMTHITTA. 2. B.D.O., KOIPURAM, PULLADU P.O., PATHANAMTHITTA DISTRICT. 3. DEPUTY DIRECTOR OF NATIONAL SAVINGS, PATHANAMTHITTA. 4. SUPERINTENDENT OF POST OFFICES, THIRUVALLA DIVISION, THIRUVALLA P.O. 5. POST MASTER, AYROOR NORTH P.O., PATHANAMTHITTA DISTRICT. 6. POST MASTER, AYROOR SOUTH P.O., PATHANAMTHITTA DISTRICT. 7. M.K.RAJUKUMAR, MUTTUMANNIL, ERAVIPEROOR P.O., THIRUVALLA. ADDL.R8: UNION OF INDIA REPRESENTED BY DEPARTMENT OF POSTS AND TELEGRAPH, NEW DELHI (IMPLEADED AS PER ORDER DATED 25.1.10 IN I.A.1082/10) ADV. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R3-6 MR.P.RAVINDRA NATH FOR R7 MR.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R3 TO 6 MR. K. RAMESH - GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20797 of 2009 PETITIONER'S EXHIBITS EXT.P1: COPY OF CERTIFICATE OF AUTHORITY FOR APPOINTMENT AS AUTHORISED AGENCY DTD 17.7.1990 ISSUED BY R2. EXT.P2: COPY OF ORDER DT 9.6.2009 RENEWING THE AGENCY WITH EFFECT FROM 15.6.2009 FOR ONE MORE YEAR. EXT.P3: COPY OF CERTIFICATE OF AUTHORITY DTD 21.4.1995 ENABLING PETITIONER TO WORK UNDER STANDARDISED AGENCY SYSTEM. EXT.P4: COPY OF ORDER OF APPOINTMENT DTD 21.4.1995. EXT.P5: COPY OF PROCEEDINGS OF R2 DTD 21.3.2007 RENEWING THE SAS AGENY TILL 23.3.2010. EXT.P6: COPY OF PAY SLIP OF THE PETITIONER'S HUSBAND. EXT.P7: COPY OF ORDER NO.GEO 1490/09 (2) DTD 9.7.2009. EXT.P8: COPY OF THE RELEVANT PAGES OF THE RULES OF THE SCHEME MAHILA PRADAN KSHETRIYA BACAHT YOJANA. EXT.P9: COPY OF THE REPRESENTATIION DATED 17.7.2009 SUBMITTED BY PETTIIONER TO FIRST RESPONDENT. RESPONDENT'S EXHIBITS EXT.R1: COPY OF THE EXTRACT OF THE ORDER DTD 10.1.2002. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.20797 OF 2009 ------------------------------- Dated this the 24th day of MAY, 2010 J U D G M E N T The petitioner is the wife of an extra departmental employee of the Postal Department. She obtained two agencies under the MPKBY Scheme, rules of which is Ext.P8. The petitioner’s agencies have been cancelled by Ext.P7 order on the ground that employees of the Postal Department are not eligible to be appointed as agents in view of Rule 5 (iv) of Ext.P8 rules. The petitioner submits that the same is not applicable to extra departmental employees of the postal department, who are not regular employees of the postal department. The petitioner also submits that Ext.P7 order cancelling the agency has been passed without hearing the petitioner. 2. I have heard the learned Government Plead also. In paragraph 5 of the writ petition, the petitioner has categorically stated that the petitioner was not heard before passing Ext.P7 order. Although a counter affidavit has been filed by the second W.P.(c)No.20797/09 2 respondent who passed Ext.P7 order, the petitioner's specific contention as above, is not seen denied therein. That being so, I am satisfied that Ext.P7 order has been passed in violation of principles of natural justice. Accordingly,Ext.P7 is quashed. The second respondent is directed to pass fresh orders after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(c)No.20797/09 3 W.P.(c)No.20797/09 4