IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10552 of 2008(F) -------------------------- PETITIONER: ------------ T.P.JAGADEESHAN, DRAFTMAN GRADE-2, OFFICE OF THE ASST. EXECUTIVE ENGINEER, W.S.P. SUCH DIVISION, VADAKARA. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.LUIZ GODWIN D'COUTH RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT, WATER RESOURSES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, K.W.A. P.H.DIVISION, VADAKARA. 4. THE ASST. ENGINEER, KERALA WATER AUTHORITY, W.S.P. SUB DIVISION, VADAKARA. BY SC SRI. J.KRISHNAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).10552/2008 -------------------- Dated this the 31st day of March, 2008 JUDGMENT Petitioner joined the Public Health Engineering Department as Work Superintendent. Subsequently he has been absorbed into the Kerala Water Authority and was regularized with effect from 19.9.1990. Since the post of Work Superintendent was abolished, he was re- designated as 3rd Grade Overseer. Petitioner was granted time bound grade promotion on completion of ten years, 18 years and 23 years as evidenced by Exts.P1 and P2. By Ext.P3, time bound higher grade granted in the scale of pay of Rs.4810-7935/- was cancelled and apparently it seems to be on the basis of an audit objection. Petitioner is aggrieved by Ext.P3 and the same is challenged in this writ petition. I heard learned Standing Counsel for the Water Authority also. It is admitted that the petitioner was not heard before Ext.P3 is passed. Standing Counsel submits that it W.P.(C).10552/2008 2 was on the basis of an audit objection that Ext.P3 was passed and the issue has been taken up with the Government as such and the matter is pending with the Government. Cancellation of time bound higher grade already granted to him, should be preceded by a notice. But now that the cancellation has been effected on the basis of the audit objection and the issue is pending finalization with the Government, it is appropriate that the Water Authority awaits a decision on that. In the result, writ petition is disposed of directing the Water Authority to treat Ext.P3 as show cause notice. Petitioner shall be permitted to file his objections thereto and confirmation of the proposal under Ext.P3, if otherwise so decided, shall be only after hearing the petitioner and considering his objections. V.GIRI, Judge mrcs