IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 27333 of 2006(D) -------------------------- PETITIONER: --------------- T. BHASKARA KURUP, ASSISTANT EXECUTIVE ENGINEER (CIVIL) HEAD QUARTERS, CHIEF ENGINEER (P) VARTAK, C/O.99 A.P.O. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: --------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF SURFACE TRANSPORT, NEW DELHI. 2. THE DIRECTOR GENERAL BOARDER ROADS, KASHMIR HOUSE, D.H.Q.(P.O.), NEW DELHI-110 011. 3. THE CHIEF ENGINEER, HEAD QUARTERS, PROJECT VARTAK, C/O.99 A.P.O. ADV. SRI.V.VENUGOPALAN NAIR, CGC SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27333 of 2006(D) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE LETTER DATED 24/2/95. EXHIBIT P2 : TRUE COPY OF THE LETTER DATED 30/3/95. EXHIBIT P3 : TRUE COPY OF THE JUDGMENT DATED 27/1/04 IN O.P.No.2515 OF 96. EXHIBIT P4 : TRUE COPY OF THE APPEAL DATED 22/4/2006 BEFORE THE 1ST RESPONDENT. EXHIBIT P5 : TRUE COPY OF THE LETTER DATED 7/6/2006 BY 1ST RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE ORDER DATED 6/10/2005 PASSED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL P.N.RAVINDRAN, J. ------------------------------------------------- W.P.(C).No.27333 OF 2006 ------------------------------------------------- Dated this the 17th day of June, 2009 JUDGMENT The petitioner is a pensioner, who retired from service on 31/5/1996 while he was working as Assistant Executive Engineer in the Border Roads Organisation. While in service, the petitioner had claimed that his pay should be stepped up and equated with that of his junior Shri.Prem Singh. That request was rejected by the Director General of Border Roads Organisation. The petitioner thereupon moved the Government of India by filing Ext.P4 appeal. That appeal was rejected and the decision rejecting the appeal was communicated to the petitioner by Ext.P5 letter dated 7/6/2006. In this writ petition the petitioner challenges the orders passed by the Director General of Border Roads Organisation and the Government of India rejecting his request for stepping up his pay. 2. A reading of Ext.P5 discloses that no one of the grounds raised by the petitioner in Ext.P4 appeal memorandum has been considered by the Government. Ext.P5 is in my opinion a non-speaking order. I am therefore of the opinion that the WP(C).No.27333 0f 2006 2 Ext.P4 appeal filed by the petitioner has not been properly considered by the Government of India. In the result, this writ petition is allowed, Ext.P5 is quashed and the Government of India is directed to reconsider Ext.P4 appeal and pass orders thereon after affording the petitioner a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government of India, Ministry of Surface Transport. P.N.RAVINDRAN, JUDGE skj.