IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WA.No. 1781 of 2004() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.27947/2001 Dated 08/06/2004 .................... APPELLANTS/RESPONDENTS: ---------------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 4. THE ASSISTANT EDUCATION OFFICER, PATHANAMTHITTA. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS RESPONDENT/PETITIONER: ----------------------- P.A.ISMAIL S/O. P.K.ABDUL RAHIMAN, ALFA MANZIL, MANGARAM, KONNI P.O., PATHANAMTHITTA. BY ADV. SRI.ESM.KABEER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.1781 OF 2004 () & C.M.APPLN.NO.1958 OF 2004 ----------------------------------- Dated this the 14th day of July, 2008 J U D G M E N T KOSHY,J. For the reasons stated in the affidavit, delay is condoned. Petitioner entered service as a P.D.teacher in Government Lower Primary Girls School, Pathanamthitta. His regular service started with effect from 31.7.1974. Petitioner had provisional service of two years, two months and nine days. Taking into account the provisional service, he was granted annual increments as per order No.K.Dis.729/86 dated 10.2.1986, and by Ext.P1, his pay was fixed. After a lapse of more than eight years, objections were raised and petitioner was asked to repay the excess pay. The learned Single Judge after considering the Government Order dated 10.2.1986 and also as per the decision in Hussain v. Kerala W.A.NO.1781 OF 2004 () & C.M.APPLN.NO.1958 OF 2004 2 Water Authority (1996 (2) KLT 555) held that petitioner is entitled to increments taking into account of the provisional service. We see no ground to interfere in the above. We also note that he has exercised re-option as per Government Order dated 5.2.1999 and he got the benefit of re-option from the date of entitlement as held in the judgment in O.P.No.8951/2002 and connected cases. Same view was also accepted in State of Kerala and Others v. Lissy Joseph M. (2006 (1) KLJ 566). The objection itself was raised after eight years. In these circumstances, we fully agree with the views of the learned Single Judge, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp W.A.NO.1781 OF 2004 () & C.M.APPLN.NO.1958 OF 2004 3 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008