IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 12767 of 2010(U) ----------------------------------- PETITIONER(S): --------------------- 1. M.BALAN, HEAD SURVEYOR (RETIRED), OFFICE OF THE SUPERINTENDENT OF SURVEY, SREEKANDAPURAM, THUSHARAM, PANOOR P.O. 2. K.K.RAVEENDRAN, HEAD SURVEYOR (RETIRED), OFFICE OF THE SUPERINTENDENT OF SURVEY, (RE-SURVEY), PAYYANNUR, KANNOTH KENIYIL HOUSE, PANOOR P.O. 3. P.C.KELUKUTTY, FIRST GRADE SURVEYOR (RETIRED), OFFICE OF THE ASSISTANT DIRECTOR OF SURVEY AND LAND RECORDS, MINI FOREST, MANTHOTTAM, KOZHIKODE, EDAPPADY HOUSE, BALUSSERY P.O., KOZHIKODE. 4. E.RAGHAVAN, FIRST GRADE SURVEYOR (RETIRED), OFFICE OF THE SUPERINTENDENT OF SURVEY AND LAND RECORDS (RE-SURVEY), NILAMBUR, EDATHIL VEEDU, ERAMANGALAM P.O., BALUSSERY, KOZHIKODE. 5. M.BALAN, HEAD SURVEYOR (RETIRED), OFFICE OF THE SUPERINTENDENT OF SURVEY (RE-SURVEY), MANANTHAVADY, ADARSH, KIZHAKKUMURI P.O., KAKKODI, KOZHIKODE. 6. K.B.MOIDEEN, FIRST GRADE SURVEYOR (RETIRED), OFFICE OF THE SUPERINTENDENT OF SURVEY (RE-SURVEY), TIRUR, AZHAR MANZIL, CALICUT AIRPORT P.O., KONDOTTY, MALAPPURAM. 7. P.ALIKUTTY, FIRST GRADE SURVEYOR (RETIRED), OFFICE OF THE SUPERINTENDENT OF SURVEY (RE-SURVEY), TIRUR, POOLAKKAL HOUSE, KOTTAKKAL, MALAPPURAM. 8. K.C.GOVINDANKUTTY NAIR, HEAD SURVEYOR (RETIRED), OFFICE OF THE SUPERINTENDENT OF SURVEY (RE-SURVEY), MANJERI, KADENGAL HOUSE, VENNIYOOR P.O., VALAKULAM, MALAPPURAM. BY ADV. SMT.I.SHEELA DEVI WP(C).No. 12767 of 2010 2 RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A&E), ACCOUNTANT GENERAL'S OFFICE, THIRUVANANTHAPURAM. 3. DIRECTOR OF SURVEY & LAND RECORDS, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.MOHAMMED FAZIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jg/. WP(C).No. 12767 of 2010 3 APPENDIX PETITIONER'S EXHIBITS Ext.P1 : COPY OF THE JUDGMENT DATED 1.12.98 IN O.P 1458/90 OF THIS HON'BLE COURT. Ext.P2 : COPY OF THE JUDGMENT DATED 9.7.99 IN O.P 10447/94 OF THIS HON'BLE COURT. Ext.P3 : COPY OF THE G.O.(MS) NO.21/2000/RD DATED 13.1.2000 ISSUED BY THE GOVERNMENT. Ext.P4 : COPY OF THE G.O(P)NO.545/2001(98)FIN.DATED 19.3.2001 ISSUED BY THE GOVERNMENT. Ext.P5 : COPY OF THE ORDER NO.47786/PRU-2/00/FIN. DATED 16.3.2001 ISSUED BY THE GOVERNMENT. Ext.P6 : COPY OF THE JUDGMENT IN W.A.NO.105 OF 2005 AND CONNECTED WRIT APPEALS DATED 26.5.2005 Ext.P7 : COPY OF THE JUDGMENT IN S.L.P DATED 3.10.2005 Ext.P8 : COPY OF THE CIRCULAR NO.A.7-14460/07 DATED 7.4.2009 ISSUED BY THE 3RD RESPONDENT. Ext.P9 : COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 2.11.2009. Ext.P9(a) : COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 30.10.2009. Ext.P9(b) : COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT DATED 10.5.2009. Ext.P9(c) : COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 3.6.2009. Ext.P9(d) : COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 10.5.2009 Ext.P9(e) : COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 19.6.2009. Ext.P9(f) : COPY OF THE REPRESENTATION SUBMITTED BY THE 7TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 19.6.2009. Ext.P9(g) : COPY OF THE REPRESENTATION SUBMITTED BY THE 8TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.6.2009. RESPONDENT'S EXHIBITS : Nil // True Copy // PA to Judge. jg/. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.12767 of 2010(U) --------------------------------- Dated, this the 4th day of June, 2010 J U D G M E N T Prayer sought in the writ petition is to direct acceptance of the re-option exercised by the petitioners and give them the benefit of fixation of pay. Ext.P9 series are the representations made by the petitioners relying on Ext.P8 circular. When the matter came up today, learned counsel for the petitioners has also brought to my notice letter No.82201/PRU.2/09/Fin. dated 8/02/2010 issued by Government of Kerala clarifying Ext.P8. In view of the above, what is required is that the 3rd respondent should consider Ext.P9 series of representations filed by the petitioners in the light of Ext.P8 as clarified in the Government letter referred to above. Orders on Ext.P9 series of representations shall be passed in the manner as above, as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment, along with a copy of this writ petition. This writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) jg