IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 22303 of 2007(E) -------------------------- PETITIONER(S): --------------- PRAMOD KUMAR P.G., SENIOR ACCOUNTANT, DISTRICT CO-OPERATIVE BANK, PATHANAMTHITTA. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT CO-OPERATIVE (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT CO-OPERATIVE BANK LTD., PATHANAMTHITTA, REPRESENTED BY ITS GENERAL MANAGER. R1 BY GOVT. PLEADER SRI.P.K.RAVIKRISHNAN R2 BY ADV.SRI.P.C.SASIDHARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.22303/07 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE GOVT. ORDER G.O.(MS)NO.70/99/CO-OP. DATED 23.4.1999. EXT.P2: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE COMMUNICATION DATED 15.2.2006 ISSUED BY THE 2ND RESPONDENT TO THE 1ST REPSONDENT. EXT.P4: TRUE COPY OF THE ORDER NO.4889/B2/06/CO-OP. DATD 27.11.2006 OF THE GOVT. EXT.P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.P6: TRUE COPY OF THE ORDER NO.7223/C1/06/CO-OP. DATED 5.1.2007 OF THE GOVERNMENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.22303 OF 2007 ------------------------------------------- Dated this the 1st day of January, 2009 JUDGMENT The petitioner, while working as Senior Accountant in the service of the second respondent, exercised option following Ext.P1 Government Order dated 23.4.1999. Appointed initially as Clerk/Cashier on 25.3.1991, the petitioner was promoted as Junior Accountant with effect from 1.1.1998 and as Senior Accountant with effect from 25.1.2005. Therefore, when Ext.P1 pay revision order was issued on 23.4.1999, he was working as Junior Accountant from 1.1.1998. The petitioner opted the date 1.7.1997 for pay revision benefits and by that process, going by Ext.P3, he stood to loose an opportunity to receive a higher pay which he would have got, had he exercised the option with effect from 1.1.1998, the date on which he was promoted as Junior Accountant. After exercising the option, it appears that he entered on leave for a spell from 1.11.1998 to 2.11.2001 for the purpose of higher studies. On return, he noticed the aforesaid WPC.22303/07 Page numbers problem and he made Ext.P2 on the premise that the date 1.7.1997 was stated by him while exercising option owing to an oversight. 2. The factual situation has been stated by the second respondent in Ext.P3 communication to the Government. However, the impugned Ext.P4 has been issued by the Government stating that Ext.P1 does not provide an opportunity for re-option. Clause 10 of Ext.P1 categorically states that once an employee exercised option, he will not be permitted re-option. Option and re-option are two different conscious exercises by an employee. The plea of the petitioner in Ext.P2 is that the mentioning of the date 1.7.1997 as the date which he opts was given under a mistake of fact and he sought the remedy to rectify that mistake. Stricto senso, it is not a case where he was seeking re-option. This view of the matter requires to be considered by the Government since none has a case that the petitioner has not discharged his duties and responsibilities and there was no reason to deprive him of any legitimate benefit WPC.22303/07 Page numbers referable to Ext.P1. Other incidental questions and the impact of the petitioner being permitted to rectify the said mistake has also to be considered and for this purpose, the Government would be advised to hear the employee as also the second respondent. For the aforesaid reasons, Ext.P4 is quashed and this writ petition is ordered directing that the Government will take up Ext.P2 in the light of Ext.P3, afford opportunity of hearing to the petitioner and the second respondent and decide de novo on Ext.P2 request within a period of four months from the date of receipt of a copy of this judgment. All other question are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.1/1.