Petitioner challenged a communication cancelling his First Time Bound Higher Grade and refund order issued without notice. Court directed the authority to treat the communication as a show-cause notice and kept recovery in abeyance.
Exhibit P4 treated as show cause notice; objections to be filed within one month; recovery in abeyance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929
WP(C).No. 1727 of 2008(E)
PETITIONER:
N.K.RAJAN, JUNIOR HEALTH INSPECTOR GRADE I, CORPORATION OF COCHIN, CIRCLE 10, PALLURUTHY, COCHIN.
BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA
RESPONDENTS:
BY SRI.S.RAMESH BABU, SC.COCHIN CORPN.
GOVERNMENT PLEADER SRI. BEJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.GIRI,J.
W.P ( C) No. 1727 of 2008
Dated this the 23rd January, 2008
J U D G M E N T
Petitioner challenges Exhibit P4 communication issued by the Deputy Director of Local Fund Audit to the Secretary of the Thrissur Corporation requiring the latter to cancel the grant of First Time Bound Higher Grade to the petitioner with effect from 17.11.1996 and to refund the amount which has been drawn by the petitioner . Petitioner submits that Exhibit P4 order was issued without notice to him. Petitioner further submits that the First Time Bound Higher Grade was granted to him with effect from 17.11.1996, as evidenced by Exhibit P2 taking note of his provisional service prior to 1.10.1994 and also taking note of the fact that he had been absorbed into regular service prior to 1.10.1994. Petitioner relies on the judgment of the Full Bench of this Court in State of Kerala Vs. Ponnamma [2005 (4) KLT 987] as also Exhibit P5 judgment of the Division Bench.
W.P ( C) No. 1727 of 2008
2
In the result, this writ petition is disposed of directing the 4th respondent to treat Exhibit P4 as show cause notice. Petitioner shall file his objections to the same, within a period of one month from today. Thereafter, a fresh decision shall be taken after hearing the petitioner, keeping in mind the aforementioned decisions of this Court. Needless to say recovery of any amounts from the petitioner pursuant to Exhibit P4 shall be kept in abeyance until fresh orders are passed in the manner afore-mentioned.
(V.GIRI, JUDGE)
ma
W.P ( C) No. 1727 of 2008
2
K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
ORDER
W.P ( C) No. 1727 of 2008
2
25th May, 2007
2 issues framed by the court
Whether Exhibit P4 communication issued by Deputy Director requires judicial scrutiny following lack of notice to the petitioner.
Whether the petitioner who claimed absorption prior to 1.10.1994 is entitled to refuse refund of the First Time Bound Higher Grade.
Colour shows how this judgement treated each authority
State of Kerala Vs. PonnammaReferred¶24
State of Kerala Vs. Ponnamma [2005 (4) KLT 987]
N.K.RAJAN
STATE OF KERALA
DIRECTOR OF URBAN AFFAIRS
REGIONAL JOINT DIRECTOR
DEPUTY DIRECTOR
CORPORATION OF COCHIN
V.GIRI
K.THANKAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
