IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 5138 of 2011(N) -------------------------------- PETITIONER(S): ------------------- SUPRABHA N.A., ASSISTANT ENGINEER (CIVIL), GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA, COCHIN-20. BY ADVS. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. GREATER COCHIN DEVELOPMENT AUTHORITY, ERNAKULAM, COCHIN-20, REPRESENTED BY ITS SECRETARY, PIN-682 020. 3. SMT.DIVYA VIJAYAN, ASSISTANT ENGINEER (CIVIL), GREATER COCHIN DEVELOPMENT AUTHORITY, ERNAKULAM, COCHIN-682 020. R1 BY GOVT.PLEADER SRI.SANDESH RAJA R2 & R3 BY ADV. SRI.JIMMY GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5138 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2011 J U D G M E N T This writ petition is filed by an Assistant Engineer (Civil) in the Greater Cochin Development Authority apprehending reversion on the ground that her promotion has been in excess of the quota prescribed for in-service candidates. The impugned order is Ext.P4 which relates to the petitioner and five others similarly situated. Two other similarly placed persons included in Ext.P4 order had earlier challenged that order in W.P. (C) Nos.4694 & 4696/2011. Those writ petitions were disposed of by me by a common judgment dated 16.02.2011 which reads as follows: “In these two writ petitions, the petitioners are Assistant Executive Engineer and Assistant Engineer of the 2nd respondent-Greater Cochin Development Authority. Their grievance in these writ petitions is that they have been ordered to be reverted on the ground that they were promoted in violation of the quota rules. According to the petitioners, going by the number of posts available, there was no violation of the quota rules. They would contend that even now, vacancies are available for accommodating the direct recruits in accordance with the quota rules and, therefore, there is no question of violation of the quota rule while promoting the petitioners to W.P.(C)No. 5138 of 2011 -2- their respective posts. The petitioners, therefore, challenge Exts.P8 and P4 in their respective writ petitions. One of the contentions raised is that the petitioners were not heard before passing the impugned orders. 2. I have heard the learned Government Pleader and the learned standing counsel appearing for the Greater Cochin Development Authority also. 3. Insofar as the petitioners have not been afforded an opportunity of being heard before passing the impugned orders, I am inclined to hold that the orders are bad for non- compliance with the principles of natural justice. But these orders need not be quashed if the same are treated as show cause notices. Accordingly, the 1st respondent shall treat the impugned orders are show cause notices. The petitioners shall file their objections to the impugned orders within two weeks. The 1st respondent shall consider and pass orders on the objections to be filed by the petitioners, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Since I have directed the Government to consider the impugned orders as show cause notices, the impugned orders shall not be implemented until orders are passed as directed above. The petitioners shall also be afforded an opportunity of being heard. The writ petitions are disposed of as above.” Since the findings therein are equally applicable to the petitioner herein, I dispose of this writ petition also in terms of the directions in that judgement. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/