IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 14311 of 2011(L) -------------------------- PETITIONER(S): --------------- DR.K.R.SALINA, MEDICAL OFFICER, GOVERNMENT HOMERO DISPENSARY, KADUVAKULAM,KOTTAYAM BY ADV. SRI.RAJU JOSEPH, SENIOR ADVOCATE SRI.J.JULIAN XAVIER RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE(J)DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM-695001 2. THE DIRECTOR, DEPARTMENT OF HOMEOPATHY, THIRUVANANTHAPURAM-695001 GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 14311 of 2011 ================== Dated this the 13th day of June, 2011 J U D G M E N T The petitioner, while serving as a Pharmacist, was given non- cadre promotion as Medical Officer (Homeopathy). Such promotion was on certain conditions, one of which was that the petitioner would not be eligible for higher grade in the non-cadre post of medical officer. But it was also stated that the right for time bound promotion in the original post of Pharmacist would be protected. The petitioner was given higher grade promotion as applicable to medical officers. Later on, by the impugned orders, the same was sought to be cancelled. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs; “i. To call for the records connected with the case leading to Ext.P8 and P9 and quash the same by issuing a writ of certiorari. ii. To direct the 2nd respondent to disburse the salary of the petitioner as fixed in Ext.P7 order.” One of the contentions raised by the petitioner is that the cancellation of the higher grade already granted to the petitioner was without affording the petitioner an opportunity of being heard. I directed the learned Government Pleader to get instructions in the matter. She could not assertively say that the petitioner was heard in the matter before passing the impugned order. There is also nothing w.p.c.14311/11 2 on record to show that the petitioner was heard before the impugned orders were passed. I am of opinion that since the impugned orders involve civil consequences to the petitioner, the petitioner was entitled to have a notice and hearing in the matter. Therefore, the impugned orders are quashed. The 1st respondent is directed to reconsider the matter and to pass fresh orders on the eligibility of the petitioner for time bound higher grade, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge