IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 16539 of 2010(N) -------------------------- PETITIONER(S): --------------- V.K.SUMATHY, AGED 56 YEARS, W/O.M.K.VIJAYAN, GENERAL MANAGER (RETD.), DISTRICT INDUTRIES CENTRE, THIRUVANANTHAPURAM. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL ACCOUNTANT GENERAL(A/A&E), KERALA, THIRUVANANTHAPURAM. 4. SECRETARY, THE FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY G.P.SRI.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.16539 of 2010 (N) --------------------------------- Dated, this the 31st day of May, 2010 J U D G M E N T The petitioner retired from service on 31/03/2010 as General Manager, District Industries Centre, Thiruvananthapuram. By Ext.P2 order dated 04/11/2009, her pay was fixed and junior-senior anomaly complained of by her was rectified. Subsequently, without issuing any notice or giving the petitioner any opportunity of hearing, apparently based on a letter from the Accountant General, Ext.P3 order was issued by the 1st respondent cancelling Ext.P2. It is challenging Ext.P3, this writ petition has been filed. 2. Evidently, by Ext.P3, the fixation of pay given to the petitioner has been cancelled and that too without notice to her. Such an order disadvantageous to the petitioner could not have been passed without issuing notice to the petitioner and giving her an opportunity to file her objection in the matter. See in this connection Union of India v. Natarajan (2010(2) KLT 743 (SC). In view of the above, Ext.P3 as such cannot be sustained. WP(C) No.16539/2010 -2- 3. Therefore, I dispose of the writ petition with the following directions:- That Ext.P3 will be treated as a notice and it will be open to the petitioner to file her objections to Ext.P3 within four weeks from today. It is directed that in case the petitioner files her objections to Ext.P3 as above, notice will be issued, she will be heard and the 1st respondent shall take a fresh decision in the matter. This shall be done as expeditiously as possible, at any rate, within two months of receipt of objection from the petitioner. It is directed that in the meanwhile Ext.P3 will be kept in abeyance. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg