IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 27568 of 2009(M) -------------------------------------- PETITIONER: ------------------- N.G.VARGHESE, ANI COTTAGE,SALEMPURAM, PATHANAPURAM,KOLLAM DISTRICT. BY ADVS. SMT.S.K.DEVI, SRI.SANTHOSH P.ABRAHAM. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN,PATTOM,PALACE P.O., THIRUVANANTHAPURAM,REP.BY ITS SECRETARY. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN,PATTOM PALACE P.O., THIRUVANANTHAPURAM. 3. THE FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER,KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN,PATTOM PALACE P.O., THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION,PUNALUR. R1 TO R4 BY SRI. ASOK M.CHERIYAN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27568/2009-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMON JUDGMENT DTD. 09/12/2002 IN O.P. NOS. 16728/1993 AND 16733/1994 OF THIS HON'BLE COURT. EXT.P.2: COPY OF THE ORDER PA/IX/PPO-30269 DTD. 07/06/2003 OF THE BOARD. EXT.P.3: COPY OF THE ORDER PA/IX/PPO-30269 DTD. 14/10/2003 OF THE BOARD. EXT.P.4: COPY OF THE NOTICE NO. EBPS.20/2064/2002 ISSUED BY THE R.2. EXT.P.5: COPY OF THE REPLY DTD. 21/02/2009 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.6: COPY OF THE COMMUNICATION DTD 20/11/2008 ISSUED BY THE R.2. TO THE R.4. EXT.P.7: COPY OF THE BO(CM).NO.215/07 (LAS 1/118180) 1994) DTD. 25/01/2007 OF THE R.1. EXT.P.8: COPY OF THE BOARD ORDER NO. 732/93 (PSI/3033/92) DTD. 21/04/1993. EXT.P.9: COPY OF THE ORDER NO. PA IX/PPO 30269 DTD. 21/08/2009 ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.27568 OF 2009(M) -------------------------------------------------- Dated this the 20th day of July, 2010 J U D G M E N T Petitioner entered the service of the Board in the year 1976 as Tracer and retired from service as Assistant Engineer(Civil) on 31.12.2002. In this writ petition his claim is in relation to the benefit of 1990 pay revision. According to the petitioner in terms of the options permitted, he opted for the scale of Tracer till 1.8.1988. His case is that although the option was initially accepted, thereafter it was rejected on the ground that as on the effective date of option, post of Tracer was not in existence. Pursuant to the direction in Ext.P1 judgment in O.P.No.16733/05, the matter was reconsidered and Ext.P7 is the final order that was passed, based on which recovery is ordered to be effected as per Ext.P6 and P9. It is in this circumstance the writ petition is filed. 2. However, a reading of Ext.P7, the basic order, shows that the order was passed without hearing the petitioner and also without adverting to paragraphs 2(b) and 4 of Ext.P8, the Board order NO.732/93 dated 21.4.1993, on the strength of which the WPC.No.27568 /09 :2 : petitioner contends that for the purpose of option the post of Tracer was notionally in existence till 1.8.88. Since that aspect was not considered by the first respondent while passing Ext.P7, I am inclined to direct that the claim of the petitioner for option to the scale of pay of Tracer till 1.8.88 for the benefit of 1990 pay revision should be considered by the first respondent and orders on the claim of the petitioner in this behalf shall be passed. This shall be done as expeditiously as possible and at any rate within 2months from the date of production of a copy of the judgment and before orders are passed, petitioner should also be given an opportunity of hearing. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/