High Court Kerala High Court

S.Sadasivan Pillai vs State Of Kerala on 15 June, 2007

Kerala High Court
S.Sadasivan Pillai vs State Of Kerala on 15 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16002 of 2003(E)


1. S.SADASIVAN PILLAI, U.D.CLERK (RETD.),
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE DEPUTY DIRECTOR OF COLLEGIATE

3. THE PRINCIPAL, NM NSS COLLEGE,

                For Petitioner  :SRI.BRIJESH MOHAN

                For Respondent  :SRI.P.G.PARAMESWARA PANICKER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :15/06/2007

 O R D E R
               THOTTATHIL B.RADHAKRISHNAN, J.

                       -------------------------------------------

                         W.P(C).No.16002 OF 2003

                       -------------------------------------------

                  Dated this the 15th day of June, 2007




                                   JUDGMENT

The petitioner, who joined the service of a corporate

management on 23.9.1971 as an Attender in one of its aided

colleges, attained the age of 50 years by the end of February,

1994. In the mean while, he had been placed as L.D.Clerk and

after he completed the age of 50 years, he was placed as U.D.

Clerk. He retired from service on 28.2.1999. Thereafter, acting

on his representation, by Ext.P3, the Government accorded

sanction for 25 years higher grade to be given to him with effect

from 23.9.1996, i.e., the date on which he completed 25 years of

service after his entry on 23.9.1971. Thereafter, the

Government has issued Ext.P4, by which, the benefit given under

Ext.P3 has been recalled, without giving the petitioner any

opportunity of pre-decisional hearing and by making reference

only to a Government letter dated 8.1.1993, in terms of which,

the Government, through Ext.P4, states that the petitioner was

not entitled to the benefit extended as per Ext.P3.

WPC.16002/03

Page numbers

2. If the entitlement of the petitioner to a higher grade is

dependent on executive orders of the Government, no

Government letter, including the one dated 8.1.1993, could have

deprived him of that, because, a Government letter cannot, in

any manner, modify an executive decision issued by the

Government in the form of a Government Order. Be that as it

may, it is pointed out by the Government in its counter affidavit

that the petitioner having attained the age of 50 years only by

the end of February, 1994, his placement as LDC prior to that

without his securing the statutory qualifications disentitles him

to be considered as a qualified person stagnating in a category

for the purpose of extending to him the benefit of a higher grade.

3. Having regard to the conflict of contentions, it was not a

case where the Government could have finally concluded the

issue without affording the petitioner an opportunity of being

heard. In view of the career details of the petitioner, I also do not

deem it appropriate to decide the case ultimately on merits,

without the petitioner being heard at the highest level in the

executive.

WPC.16002/03

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4. For the aforesaid reasons, the impugned Ext.P4 is quashed

and a decision de novo shall be taken by the Government within

a period of three months from now. Until then, the status

obtained as per Ext.P3 will continue. However, if decision as

directed above is not taken within the period specified, it shall be

treated that Ext.P4 does not further govern the petitioner and all

consequences shall follow.

The writ petition is disposed of with the above directions.

THOTTATHIL B.RADHAKRISHNAN

Judge

kkb.

WPC.16002/03

Page numbers

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THOTTATHIL B. RADHAKRISHNAN, J

O.P.NO.16002 OF 2003

JUDGMENT

15TH JUNE, 2007.

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