IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 10140 of 2009(J) -------------------------- PETITIONER(S): --------------- M.RAVEENDRAN NAIR, MECHANIC, DEVASWOM BOARD COLLEGE, SASTHAMCOTTA, KOLLAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HIGHER EDUCATION (D) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM. 4. THE PRINCIPAL, DEVASWOM BOARD COLLEGE, SASTHAMCOTTA, KOLLAM. ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R4 GOVERNMENT PLEADER, SHRI FAIZAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.10140/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of July, 2009 J U D G M E N T The petitioner is working as Mechanic in Devaswom Board College, Sasthamcotta. He had availed leave without allowance for the period from 04/10/2004 to 30/11/2004 for his permanent medical treatment at Medical College Hospital, Thiruvananthapuram. By Ext.P1 the Government passed orders on the leave without allowance applied for by him. Ext.P2 is the statement of fixation of pay in the revised pay scale sanctioned in G.O.(P). No.145/2006/Fin dated 25/03/2006, and G.O.(P). No.262/07(59)/Fin., dated 19/06/2007. The fourth respondent recommended the same and forwarded it to the concerned authority with the form of option along with the declaration. Ext.P3 is the form of option thus submitted. Exts.P2 and P3 are dated 22/08/2006. It appears that the third respondent thereafter issued a communication to the fourth respondent stating that some errors appeared in the supplementary pay bill of the petitioner and directing him to rectify the same. This is evidenced by Ext.P4. It is averred in paragraph (5) of the writ petition that the fourth respondent re-submitted the corrected pay bill in the revised scale of pay of the petitioner to the third respondent for further W.P.(C). No.10140/2009 -:2:- action. Ext.P5 is the communication issued by the third respondent stating that permission is required for submitting option. Ext.P6 is a representation submitted by the petitioner through proper channel to the second respondent in the matter. Ext.P7 shows that the same has been recommended also. 2. The main prayer in the writ petition is for a direction to the second respondent to grant extension of time limit for exercising option for pay revision as submitted in Ext.P2 statement. 3. Heard the learned Standing Counsel for the Devaswom Board. It is submitted by the learned Standing Counsel that the Principal has already forwarded the representation submitted by the petitioner, by Ext.P7 communication, to the second respondent. 4. The learned Government Pleader submitted that it is for the Government to take a decision in the matter and the question is whether the petitioner had submitted the option within the time allotted by the Government. Since the applications including the form of option are pending consideration before the Government, it is upto the Government to take a decision in the matter. Therefore, at this stage is not necessary for this Court to adjudicate the matter on its merits. There will be a direction to the second respondent to consider Ext.P6 along with recommendation made W.P.(C). No.10140/2009 -:3:- by the Principal within three months from the date of receipt of a copy of this judgment in accordance with law and appropriate orders will be passed after hearing the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms