IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 16852 of 2010(F) -------------------------- PETITIONER(S): --------------- T.P.USHA, AGED 43,CHARANATHUMADOM, KALLUVAZHI P.O., THIRUVAZHIYOD, PALAKKAD DISTRICT, WORKING AS "MARALAMMA SREE POOKOTUKALIKAVU KSHETHRAM", KADAMBOOR, PALAKKAD. BY ADV. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA RESPONDENT(S): --------------- 1. MALABAR DEVASWOM BOARD REPRESENTED BY THE COMMISSIONER OF MALABAR DEVASWOM BOARD, CIVIL STATION, PALAKKAD. 2. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, CIVIL STATION, MALAPARAMBU, KOZHIKODE. 3. THE EXECUTIVE OFFICER, SREE POOKOTUKALIKAVU KSHETHRAM, KADAMBOOR, PALAKKAD. 4. THE CHAIRMAN, BOARD OF TRUSTEES, SRE POOKOTUKALIKAVU KSHETHRAM, KADAMBOOR, PALAKKAD. ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).16852/2010 -------------------- Dated this the 10th day of June, 2010 JUDGMENT Petitioner is a 'Maralamma' at Sree Pookotukalikavu Kshethram, Palakkad. According to her, she was being paid monthly salary of Rs.7,152/-. It is stated that without any notice or opportunity to contest, she has been issued Ext.P3 order reducing her salary to Rs.1,500/- and calling upon the petitioner to remit an amount of Rs.16,956/-. It is this order which is under challenge in this writ petition. 2. The main contention raised by the learned counsel for the petitioner is regarding the absence of notice before issuing Ext.P3. Learned Standing Counsel for respondents 1 and 2 have obtained instructions in the matter. He submits that Ext.P3 order has been issued in pursuance to the order dated 29.4.2010 passed by the 2nd respondent revising the salary schedules. However the Standing Counsel has no case that before reducing salary of the petitioner she was put on notice. If that be so, Ext.P3 is in violation of principles of natural justice. W.P.(C).16852/10 2 3. In the circumstances, I dispose of this writ petition with the following directions. That the 2nd respondent, before whom Ext.P5 representation has been filed objecting to Ext.P3, shall issue notice to the petitioner, hear her and pass fresh orders in the matter. This shall be done as expeditiously as possible, at any rate within six weeks of production of a copy of this judgment. It is directed that in the meanwhile recovery pursuant to Ext.P3, will be kept in abeyance. Petitioner shall produce a copy of this judgment along with the copy of this writ petition before the 2nd respondent for compliance. ANTONY DOMINIC, Judge mrcs