IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 32814 of 2005(F) -------------------------------------- PETITIONER: ------------------- C.HARIKUMAR, OPERATOR, P.H.SECTION, KERALA WATER AUTHORITY, KAYAMKULAM. BY ADV. SRI.P.RAVINDRA NATH. RESPONDENTS: ------------------------ 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, WATER WORKS CAMPUS, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, P.H.DIVISION, KERALA WATER AUTHORITY, ALAPPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32814/2005-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 26/03/2003. EXT.P.2: COPY OF THE ORDER DTD. 03/10/2003. EXT.P.3: COPY OF THE ORDER DTD. 10/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.32814 OF 2005 (F) -------------------------------------------------- Dated this the 25th day of June, 2010 J U D G M E N T Petitioner joined as NMR worker with effect from 4.8.1977. Although he was not qualified for the post of Operator, giving relaxation in the qualification, along with several others he was promoted to the post of Operator with effect from 26.4.1986 Regarding the time bound higher grades admissible to the petitioner there were audit objections and finally the Accountant General dropped the audit objections by Ext.P1. In this order the Accountant General accepted the eligibility of the petitioner to be paid the 2nd and 3rd time bound higher grades in the scale of pay of Rs.5635-9135 and 6935-11460. On this basis, the time bound higher grades were granted to the petitioner by Ext.P2 order and accordingly arrears were also disbursed to the petitioner. Long thereafter, Ext.P3 order was issued by the 2nd respondent cancelling Ext.P2. It is challenging Ext.P3 that the writ petition is filed. 2. Although no reason has been stated in Ext.P3 justifying cancellation of Ext.P2, attempt has been made to justify Ext.P3 on WPC.No. 32814/05 :2 : the ground that the petitioner was unqualified to be appointed as Operator. This contention has been appreciated by the Accountant General in Ext.P1 and it was examining the eligibility of the petitioner for promotion to the post of Operator that the Accountant General had dropped the audit objection. If so, justification offered in the counter affidavit to sustain Ext.P3 cannot be accepted. Therefore Ext.P3 has to be set aside and I do so. 3. Counsel complains that though the petitioner retired on 31.10.2007, and that in view of Ext.P3, the retirement benefits have not been disbursed. 4. Now that Ext.P3 has been set aside, respondents are directed to disburse the terminal benefits that are due to the petitioner. This shall be done as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/