IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 2590 of 2009(G) ------------------------- PETITIONER(S): --------------- V.RAJAGOPALA PILLAI, AGED 50 YEARS, VILLAGE ASSISTANT, ENNAKKADU VILLAGE, CHENGANNUR TALUK. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. THE TAHSILDAR, CHENGANNUR. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, ADV.SMT.ANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2590/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2009 J U D G M E N T Aggrieved by Ext.P1 directions issued by the Government to recall the increment granted in the year 1990 and other benefits released due to the revision of pay from time to time, the petitioner has filed this writ petition. 2. The details regarding his service under the respondents are the following:- He entered service on 13/06/1977 as Village Man at Village Office, Kalady in Ernakulam District. He was having the qualification of S.S.L.C and Chain Survey Test at that point of time. He was appointed pursuant to the advice of the P.S.C. His probation in the cadre of Village Man was declared and he was promoted as Village Assistant on 08/01/1986 and in the same Village Office at Kalady. Subsequently, he successfully attained the Village Officers' test conducted by the P.S.C on 16/11/1982. Later on, he was granted the benefit of inter district transfer to Alappzha District on 03/10/1987 and, thereafter, he was posted to Village Office, Cheriyanadu. After the integration of the Revenue Establishment and Village Establishment, Village Assistants' test and District Officers; Manual W.P.(C) No.2590/2009 -:2:- test were made obligatory for declaration of probation of Village Assistants and Lower Division Clerks. Since the same is a new test introduced by the Government, by appropriate orders time was granted to acquire the test also. According to the petitioner, he passed the District Officers' test Manual test in January, 2006, The petitioner was therefore, entitled for fixation in the scale of pay which he is receiving. He was being granted increments from time to time. 3. To the surprise of the petitioner, by Ext.P1, the Government took a view that the annual increment granted to him with effect from 01/07/1990 is irregular and, therefore, consequential recovery has to be effected. This was not directly communicated to the petitioner, but was only an internal communication. Ext.P2 is another communication. 4. These were ordered without any notice to the petitioner and without hearing him. Even though he filed Ext.P3 representation claiming promotion as well as increment due for 2007 that was not done. In these circumstances, the petitioner has filed Ext.P4 before the third respondent itself seeking for a reconsideration of the matter and to restore the benefits due to him. It is submitted that no recovery has been effected so far. It cannot be disputed that the orders adversely affects the petitioner. Since Ext.P4 is pending, his grievances have to be considered. There will be a W.P.(C) No.2590/2009 -:3:- direction to the third respondent to consider and pass appropriate orders on Ext.P4 in accordance with law within a period of two months from the date of receipt of the copy of the judgment. The petitioner will be offered a personal hearing in the matter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms