IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 OP.No. 20925 of 2002(N) ---------------------------------- PETITIONER: ------------------- V.ASOKAN, SENIOR OFFICE SUPERINTENDENT, KERALA FOREST RESEARCH INSTITUTE, PEECHI. BY ADV. SRI.P.RAMAKRISHNAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SCIENCE TECHNOLOGY AND ENVIRONMENTAL DEPARTMENT, THIRUVANANTHAPURAM 2. THE DIRECTOR, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 3. THE REGISTRAR, KERALA FOREST RESEARCH INSTITUTE, THRISSUR. R2 & R3 BY ADV. SRI.S.M.PREM. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 20925/2002-N: ORDER ON C.M.P. NO. 35713/2002 IN O.P. NO. 20925/2002-N DISMISSED 10/11/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT EXTRACT FROM G.O. (NO)82/99/STED DTD. 02/08/99. EXT.P.2: COPY OF THE RELEVANT EXTRACTS FROM MINUTES OF REGISTRARS COMMITTEE MEETING HELD ON 25/08/00. EXT.P.3: COPY OF THE ORDER DTD. 07/07/01 ISSUED BY R.3. EXT.P.4: COPY OF THE ORDER DTD. 29/08/01 ISSUED BY R.3. EXT.P.5: COPY OF THE ORDER DTD. 26/02/02 ISSUED BY R.2. EXT.P.6: COPY OF THE ORDER DTD. 12/07/02 ISSUED BY R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- O.P. No.20925 of 2002 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT The challenge is on Ext.P6 proceedings initiated by the second respondent proposing to recover the excess pay allegedly drawn by the petitioner owing to erroneous fixation of pay. There is an interim order ever since 25-7-2002. There is no counter affidavit yet. Apparently the order is passed without notice to the petitioner. Therefore, the impugned order is quashed making it clear that in case any steps are taken for refixation of pay, the petitioner shall be issued notice, his objections shall be considered and thereafter appropriate orders, adverting to the contentions taken by the petitioner, shall be passed. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.20925 of 2002 ----------------------------------- JUDGMENT 10th November, 2008