IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10281 of 2008(Y) -------------------------- PETITIONER: ------------ C.SANKARAN (RTD.ELECTRICAL OVERSEER II, K.W.A.), PARAMBATH HOUSE, PAZHANKAVU, NUT STREET P.O., VADAKARA -4, KOZHIKODE DISTRICT. BY ADV. SRI.P.J.MATHEW RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, 'JALA BHAVAN', THIRUVANANTHAPURAM. 3. THE ACCOUNTS OFFICER (ESTT.), FINANCE WING, OFFICE OF THE MANAGING DIRECTOR, KERALA WATER AUTHORIT, 'JALA BHAVAN',THIRUVANANTHAPURAM. 4. THE SUPERINTENDING ENGINEER, P.H.CIRCLE, KERALA WATER AUTHORITY, KOZHIKODE. 5. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY, VADAKARA, KOZHIKODE DISTRICT. BY SC SRI.J.KRISHNAKUMAR GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C). 10281/2008 -------------------- Dated this the 27th day of March, 2008 JUDGMENT Petitioner retired from the service of water authority on 31.7.2006, while working as Electrical Overseer Grade- II. He was sanctioned his first time bound Higher Grade on completion of ten years of qualifying service with effect from 16.6.1990 and second time bound Higher Grade with effect from 1.7.1998 on completion of 18 years of service and third time bound Higher Grade on completion of 23 years of service with effect from 15.6.2006. His pay was fixed under Ext.P1, after sanctioning the third time bound Higher Grade and, thereafter, increments were also sanctioned in the said scale of pay till the petitioner retired on 31.7.2006. His terminal benefits have also been disbursed. While so the petitioner received, a copy of Ext.P5 letter dated 6.11.2007 from the Accounts Officer to the Superintending Engineer stating that the circular of the Managing Director, on the basis of which the third time bound Higher Grade was sanctioned to the petitioner, was subsequently cancelled and therefore, the grant of the third time bound Higher Grade in the scale of pay of W.P.(C).10281/2008 2 Rs.6935-11,460/- is not admissible to the petitioner. Ext.P6 is a consequential order passed by the Assistance Executive Engineer re-fixing the pay scale of the petitioner. It is in these circumstances, petitioner has approached this Court. 2. I heard learned Standing Counsel for the Water Authority also. 3. Re-fixation of the petitioner’s pay and retirement benefits on the premise that the basis for the third time bound Higher Grade namely a circular issued by the Managing Director had been cancelled, obviously cannot be done without notice to the petitioner. In fact, the copy of the circular referred to Ext.P5 schedule should be supplied to the petitioner. Petitioner must be given notice for the proposal of re-fixation of the scale. The question is whether the grant of the third time bound Higher Grade effected in the normal course of administration without their being specific request on the part of the petitioner in that regard, can be cancelled after the retirement of the petitioner. This W.P.(C).10281/2008 3 aspect should also be considered by the Water Authority. 4. In the result, writ petition is disposed of directing the Water Authority to treat Ext.P5 as show cause notice. The competent authority of the second respondent shall also issue a separate notice to the petitioner indicating the grounds on the basis of which Water Authority proposes to cancel the sanction of the third time bound Higher Grade in favour of the petitioner effected under Ext.P1 and re-fix the petitioner’s scale of pay. This shall be done within a period of two months from the date of receipt of a copy of this judgment. Petitioner shall be entitled to file objections thereto. He shall be heard, before final orders are passed in this regard. V.GIRI, Judge mrcs