IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 OP.No. 20813 of 2002(C) --------------------------------- PETITIONER: ----------------- V.A.NANDANANKUTTY, CLERICAL ASSISTANT, O/O. ADVOCATE GENERAL, ERNAKULAM. BY ADV. SRI.N.SUGATHAN SMT.R.SEEMA RESPONDENTS: --------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADVOCATE GENERAL, ERNAKULAM. 3. THE ACCOUNTANT GENERAL (AUDIT), KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. SMITHA BABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 35813/2002 IN OP NO. 20813/2002 C. DISMISSED 24/03/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER NO. M2/8430/93 DT. 16/4/93 OF THE R2. EXT.P2. COPY OF THE ORDER NO. M2. 19373/98 DT. 22/5/98 OF THE R2. EXT.P3. COPY OF THE STATEMENT OF FIXATION OF PAY DT. 10/08/99. EXT.P4. COPY OF THE ORDER NO.M2. 34501/2001(2) DATED 20/07/2001 OF THE R2. EXT.P4A. COPY OF THE STATEMENT OF FIXATION OF PAY DT. 20/07/2001. EXT.P5. COPY OF THE LETTER DT. 17/5/2002 OF THE R3 TO THE R2. EXT.P6. COPY OF THE ORDER NO. M2. 24338/2002 DT. 7/6/2002 OF THE R2. RESPONDENT'S EXHIBITS NIL. True copy tga T.R.RAMACHANDRAN NAIR, J = = = = = = = = = = = = = = = = O.P.No. 20813 OF 2002-C = = = = = = = = = = = = = Dated this the 24th day of March, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T The petitioner is challenging Ext.P6, by which accepting audit objections, the 2nd respondent ordered that the petitioner is eligible for higher grade only on completion of 10 years of service in the post of attender/clerical assistant and to recover the allowance and pay drawn by him with effect from 21.5.1998. 2. The petitioner entered service as a peon on 16.6.1983. Later, he was promoted as Attender as per Ext.P1 order dated 16.4.1993. He was provisionally promoted as Attender Gr.I as per Ext.P2 order dated 22.5.1998 and his pay was fixed in the new scale. Meanwhile, as per G.O.(P).No.3000/98/Fin. dated 25.11.1998, the Government revised the scale of pay of Government employees which was given effect from 1.3.1997. The scale of pay of clerical attender Gr.I was also revised to Rs. 2750-4625. In that pay revision order the post of clerical O.P.No. 20813 OF 2002 2 attender was re-designated as clerical assistant. As per Ext.P3, the petitioner's pay was re-fixed. 3. By Ext.P4, a second higher grade was granted with effect from 1.7.2001 and again his pay was fixed as per Ext.P4(a) in the higher scale and he has been drawing the pay in this higher grade. At this stage, audit objections were forwarded and without giving any notice to the petitioner and allowing an opportunity to the petitioner to seek waiver of the audit objections, 2nd respondent passed Ext.P6 proceedings. 4. Ext. P6 is seen passed on various grounds. Evidently, the same has been passed without seeking any explanation from the petitioner. When the higher grade granted is cancelled with a further direction to recover the excess pay, it cannot be disputed that the order visits with adverse civil consequences to the petitioner. It is well settled that in such cases, there shall be proper compliance of natural justice by the competent authority. Ext.P6 cannot be upheld in the circumstances and the same is quashed. The 2nd respondent will afford the petitioner an O.P.No. 20813 OF 2002 3 opportunity to submit explanation, and also afford a personal hearing before passing fresh orders. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. OP is allowed as above. T.R.RAMACHANDRAN NAIR JUDGE bkn/-