IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 22045 of 2008(Y) -------------------------------------- PETITIONER: ------------------- K.M. BAHSKARAN, TECHNICAL LABORATORY ASSISTANT, RASHTRIYA SANSKRIT SANSTHAN DEEMED UNIVERSITY, GURUVAYOOR CAMPUS.P.O, PURANATTUKARA, THRISSUR. BY ADV. SRI.M.P.ASHOK KUMAR. RESPONDENTS: ----------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT OF INDIA, GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCES DEPARTMENT, DEPARTMENT OF EDUCATION, NEW DELHI. 2. THE VICE CHANCELLOR, RASHTRIYA SANSKRIT SANSTHAN, INSTITUTIONAL AREA (D-BLOCK), JANAKPURI, NEW DELHI-58. 3. THE PRINCIPAL, RASHTRIYA SANSKRIT SANSTHAN DEEMED UNIVERSITY, GURUVAYOOR CAMPUS.P.O, PURANATTUKARA, THRISSUR. R1 & R2 BY SRI. P. PARAMESWARAN NAIR, ASST. S.G., R3 BY ADV. SRI.N.M.MADHU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22045/2008-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGE OF THE 1ST SCHEDULE SHOWING THE REVISED SCALE OF PAY OF TECHNICAL EMPLOYEES OF HUMAN RESOURCES DEVELOPMENT. EXT.P.2: COPY OF THE ORDER NO. 76 DTD. 11/10/2004. EXT.P.3: COPY OF THE MINUTES OF THE MEETING OF THE D P C HELD ON 22/04/2006. EXT.P.4: COPY OF THE ORDER NO.22 DTD. 05/05/2006. EXT.P.5: COPY OF THE ORDER DTD. 14/06/2006 ISSUED BY THE R.3. EXT.P.6: COPY OF THE ORDER DTD. 03/07/2008 ISSUED BY THE R.3. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE PROCEEDING DTD. 03/10/92. EXT.R3.B: COPY OF THE SANSTHAN'S ORDER DTD. 09/12/97. EXT.R3.C: COPY OF THE OFFICE ORDER NO. 258 DTD. 15/09/04. EXT.R3.D: COPY OF THE MINUTES OF THE 8TH MEETING OF BOARD OF MANAGEMENT OF RASHTRIYA SANSKRIT SANSTHAN HELD ON 06/01/2006. EXT.R3.E: COPY OF THE LETTER. EXT.R3.F: COPY OF THE LETTER DTD. 01/10/2004. EXT.R3.G: COPY OF THE LETTER DTD. 11/10/2004. EXT.R3.H: COPY OF THE PAY SCALE OF MR. RAVIKANT MANI ISSUED BY THE PRINCIPAL OF JAIPUR CAMPUS OF THE SANSTHAN. EXT.R3.I: COPY OF THE LETTER NO. RSS/08-09 DT. 22/08/08. EXT.R3.J: COPY OF THE STATEMENT SHOWING THE PARTICULARS OF EMPLOYEES OF GURUVAYOOR CAMPUS. EXT.R3.K: COPY OF THE LETTER DTD. 05/06/2006. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.22045/2008 ----------------------------------------------------------- Dated this the 11th day of December, 2008 JUDGMENT Petitioner is working as Technical Laboratory Assistant under the 3rd respondent. By Exts.P4 and P5, petitioner was extended the benefit of Ext.P1 revised scale of pay and he was placed in the scale of pay of Rs.5500-175-9000. While the petitioner was enjoying the said benefit, the 3rd respondent issued Ext.P6 stating that the scale of pay that was granted to him was erroneous and that his eligibility was only for the scale of pay of Rs.5000-50-8000. Accordingly he was informed that his pay will be downgraded and fixed accordingly. It is challenging Ext.P6 that this writ petition is filed. 2. Petitioner contends that he is entitled to pay as fixed in Exts.P4 and P5 and that Ext.P6 was issued without notice or giving him an opportunity to make representation WP(c).No.22045/08 2 in the matter. While the petitioner contends that Ext.P6 is an order downgrading his pay, the case of the respondents is that Ext.P6 is only a notice proposing downgrading of the scale of pay. On a reading of the phraseology used in Ext.P6, the petitioner cannot be faulted, if he had got an impression that Ext.P6 is more in the nature of an order. 3. As according to the 3rd respondent Ext.P6 is only a notice, I direct that within two weeks from today, it will be open to the petitioner to file his objection to the proposal contained in Ext.P6. It is directed that once the objection filed by the petitioner is received by the 3rd respondent, he shall without delay hear the petitioner and pass final orders in the matter. It is directed that until orders are passed as above the interim order passed by this court on 22.7.2008 will remain in force. Writ Petition is disposed of as above. ANTONY DOMINIC vi JUDGE WP(c).No.22045/08 3