IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 14174 of 2006(K) --------------------------------------- PETITIONER: ------------------- P.K.KUNJUMOHAMMED, ASSISTANT EXECUTIVE ENGINEER (RETD), T.C.SUB DIVISION, EDAYAR, RESIDING AT PARAPATH HOUSE, MANJUMMAL P.O., PIN-683 501. BY ADV. SRI.S.RAMESH BABU. RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, HMT COLONY P.O., KALAMASSERY. 3. THE CHIEF ENGINEER (HRM), VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 4. THE ACCOUNTS OFFICER (PAY FIXATION), VYDYUTHI BHAVANAM, PATTOM, PALACE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ANIL, SC, R1 TO R3, ADV. SRI. ASOK M.CHERIYAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14174/2006-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS NO. EB2/117/80 (B) DTD. 16/03/1993. EXT.P.2: COPY OF THE ORDER DTD. 26/04/2006. EXT.P.3: COPY OF THE PROCEEDINGS DTD. 24/02/2006. EXT.P.4: COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 03/02/2006. EXT.P.5: COPY OF THE RELEVANT EXTRACT FROM THE LONG TERM SETTLEMENT 1990. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. V.GIRI, J. ------------------------- W.P.(C).No.14174 of 2006 K ------------------------- Dated this the 13th day of June, 2008. JUDGMENT The petitioner retired as an Assistant Executive Engineer from the service of the Kerala State Electricity Board on 31.8.2005. He is aggrieved by what is termed as a 'unilateral cancellation of 2nd and 3rd time bound higher grade' granted to him, as evidenced by Ext.P3. According to the petitioner, such cancellation under Ext.P3 and the consequential order Ext.P2 to the extent to which it directs recovery of the alleged excess pay and allowance and excess terminal leave surrender value drawn and also to the extent to which it directs reduction in the retirement benefits due to the petitioner including family pension and pension commutation, are without notice to the petitioner and without giving him an opportunity of being heard. 2. The Board has filed a counter affidavit, which does not contain an averment to the effect that the petitioner was actually heard before Ext.P3 order was passed. W.P.(C).NO.14174/06 :: 2 :: 3. If the time bound higher grade sanctioned to the petitioner had been revised or cancelled, obviously, the petitioner is entitled to a notice and hearing. That has not been done in the present case. 3. In the result, after having heard learned counsel, the writ petition is allowed. Ext.P3 is quashed. The respondent-Board is at liberty to pass a fresh order in the matter of cancellation of 2nd and 3rd time bound higher grade sanctioned to the petitioner, after notice to him and after giving an opportunity of being heard to him. In the light of the fact that Ext.P3 has been quashed, such orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. Obviously, if the petitioner's claim is accepted, then Ext.P2 will have to be revised accordingly and such revised orders shall be passed contemporaneously. I make it clear that I have not dealt with the contentions of the petitioner. It is further made clear that the petitioner will be entitled to take up a contention that the Board, at any rate, ought not to cancel the 2nd and 3rd time bound higher grade already W.P.(C).NO.14174/06 :: 3 :: sanctioned to the petitioner and if such a contention is taken up, the same shall also be dealt with by the Board. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent-Board for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy//