IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 15973 of 2004(B) -------------------------- PETITIONER(S): --------------- C.I.DAVID (HEADMASTER RETIRED), SANSKRIT U.P.SCHOOL, THOTTARA, TRIPUNITHURA. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. HEADMISTRESS, SANSKRIT U.P.SCHOOL, THOTTARA, ARAYANKAVU P.O., TRIPUNITHURA. 2. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE A.E.O., TRIPUNITHURA. 3. DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KAKKANADU. 4. OFFICE OF THE ACCOUNTANT GENERAL, TRIVANDRUM. SPL. GOVERNMENT PLEADER SRI. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 15973/2004. --------------------------------------------------------------------- EXT.P1 TRUE COPY OF STATEMENT OF FIXATION OF PAY. EXT.P2 GOVT. ORDER DT. 14-11-2002. EXT.P3 REPRESENTATION DT. 7-8-2003. EXT.P4 ORDER DT. 23-2-2004. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 15973 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th day of February, 2010. J U D G M E N T The petitioner has retired from Government service as a Headmaster on 31-5-1996. While he was in service, the 1992 pay revision for Government employees came into force with effect from 1-3-1992. Prior to the pay revision order, the scale of pay of the petitioner was Rs. 1330-40-1530-60-1830-2470-85-2555. The revised scale of pay was Rs. 1640-60-2600-75-2900. On revision of pay, the petitioner's pay was fixed at Rs. 2360/-. While so, the petitioner completed 30 years of service and he became entitled to Headmaster's scale of Rs. 2000-60-2300-75-3200. Pursuant thereto, his pay was fixed in the Headmaster's scale at Rs. 2750/-. Subsequently, he retired from service on 31-5-1996. While his pension papers were scrutinized, the respondents found that there was some mistake in the fixation of pay of the petitioner. Consequently, his pay was reduced to Rs. 2675/- in the Headmaster's scale. Retirement benefits were paid to the petitioner in accordance with the same. The petitioner challenges the same. 2. One of the contentions raised by the petitioner is that before reducing his pay, he was not afforded an opportunity of being heard. It is not disputed before me that the petitioner was not afforded an opportunity of being heard before his pay was reduced from Rs. 2750/- to 2675/-. This amounts to violation of principles of natural justice since the reduction affects his civil rights. In the above circumstances, it is only appropriate that the 3rd respondent re- considers the matter, after affording an opportunity of being heard to the petitioner and passes fresh orders in respect of the same. Accordingly, the writ petition is disposed of with the following directions: W.P.C. No. 15973/04 -: 2 :- The 3rd respondent shall issue a notice directing the petitioner to show cause why his pay should not be reduced from Rs. 2750/- to 2675/- giving the reasons for the proposal. This shall be done within a period of one month from the date of receipt of a copy of this judgment. On receipt of the same, the petitioner shall file his objections within a period of two weeks therefrom. Thereafter, the 3rd respondent shall pass orders on the same as expeditiously as possible, at any rate, within one month from the date of receipt of the objections from the petitioner, after affording an opportunity of being heard to the petitioner. S. Siri Jagan, Judge. Tds/