The denial of an opportunity to file a counter affidavit constitutes a violation of natural justice, necessitating the setting aside of the judgment.

J U D G M E N T

P.G. Ajithkumar, J.

Respondent Nos. 1 to 4 in W.P.(C) No.6906 of 2024 are the appellants. The 1st respondent herein has filed writ petition seeking the following reliefs:

i. Issue a writ of certiorari calling for all records leading up to the decision of the Finance Department as stated in Ext.P7 order and to quash the same to the extent it denies immediate disbursal of the pension arrears;

ii. Issue a writ of mandamus directing respondents

1 to 4 to disburse the arrears of pension revision to the petitioner from 01.07.2019.

iii. Declare that the decision of the Government not to disburse the arrears of pension revision to the petitioner is per se illegal and arbitrary and violative of Article 14 & Article 21 of the Constitution of India.”

2. When the writ petition came up for admission on 26.03.2024, the learned Government Pleader sought time to file a counter affidavit. The learned Single judge without affording an opportunity to file their counter affidavit, proceeded to allow the writ petition ordering as follows:

“Taking into consideration of the limited prayer, I direct respondent Nos.1 to 4 to pay the arrears of pension due from 01.07.2019 till date to the petitioner within a period of three months from the date of receipt of a copy of this judgment.”

3. The appellants filed this appeal under Section 5(i) of the Kerala High Courts Act, 1958 setting forth inter alia the ground that they were denied a fair chance for defending their case.

4. Heard the learned Senior Government Pleader and the learned counsel for the 1st respondent.

5. The learned Senior Government Pleader would submit that the direction in the impugned judgment brings about huge financial burden to the State. It is contended that the State is able to show before the Court that it did not have the obligation to pay the amounts as claimed by the 1st respondent. When the appellants urge that on account of denial of an opportunity to file a counter affidavit, which is an indisputable fact, the State/appellants could not present their case before the Court, the justice requires to set aside the impugned judgment for the purpose of affording them a chance to file a counter statement and present their case before the court.

In the circumstances, this appeal is allowed. The judgment dated 26.03.2024 is set aside. W.P.(C) No. 6906 of 2024 shall be listed before the learned single Judge in the first week of October 2024 for further proceedings.