IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 20258 of 2006(J) ------------------------------------- PETITIONER(S): ----------------------- N.K. PADMINI, W/O. N. NEELAKANTAN NAMBOOTHIRI, HEADMISTRESS THRIKKODITHANAM GOVT.HIGH SCHOOL, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): ------------------------ 1. THE ACCOUNTANT GENERAL (KERALA) THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR (EDUCATION) KOTTAYAM. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF GENERAL EDUCATION THIRUVANANTHAPURAM. 4. HEADMASTER, THRIKODITHANAM GOVT. HIGH SCHOOL, KOTTAYAM DISTRICT. R1 TO R3 BY GOVT. PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.20258/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT.D 5.2.99 ISUED BY THE GOVT. ORDER G.O. (P) 399/178/99 /FIN. P2:- COPY OF THE ORDER DTD. 22.6.1999 ISSUED BY THE GOVT. ORDER G.O.(P) 1503/99/ (180)/FIN. P3:- COPY OF THE OPTION DTD. 25.4.1999 ISSUED BY THE PRINCIPAL, G.H.S.S. PUNALUR. P4:- COPY OF THE CHALLAN RECEIPT DTD. 28.4.1999 ISSUED BY THE TREASURY. P5:- COPY OF THE ORDER NO.DIS/99 DTD. 4.99 ISSUED BY THE PRINCIPAL. P6:- COPY OF THE ORDER DTD. 6.12.2005 NO.GE-9/A/P303/GEN.EDN./1523. P7:- COPY OF THE REPRESENTATION DT.D 3.2.06 SUBMITTED BY THE PETITIONER. P8:- COPY OF THE GOVT. LETTER GE9/A/P-303 DTD. 1.4.2006. P8(a):- COPY OF THE GOVT. LETTER NO.GE9/A/P-303/366 DTD. 23.5.2006. P9:- COPY OF THE ANOTHER REPRESENTATION DTD. 6.5.2006 SUBMITTED BY THE PETITIONER P10:- COPY OF THE JUDGMENT DTD. 6.11.2002 IN OP.32714/2002. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE G.O.(P) 399/(178)/99/FIN. DTD. 5.2.1999. R1(b):- COPY OF THE G.O.(P) 206/2003 /FIN. DTD. 5.4.2003. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20258 of 2006-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of August, 2011. JUDGMENT The petitioner herein is a retired Headmistress from Government High School, Thikkodithanam in Kottayam District. The objection raised by the Accountant General as per Ext.P6, has resulted in filing this writ petition. 2. The petitioner entered service as H.S.A. after selection through the Public Service Commission in 1980, promoted as Headmistress with effect from 8.8.2005 and subsequently retired from service on 31.5.2006. During the period she was working as Headmistress, presumably because of the objection raised by the first respondent, the pay admissible to H.S.A. alone was paid to her. 3. In terms of the various Govt. Orders, viz. Ext.P1 and other orders, the petitioner submitted an option as per Ext.P3, while working as H.S.A. In Govt. H.S.S., Punalur. The revised scale of pay was opted with effect from 1.11.1998. An amount of Rs.27,969/- was refunded also. The said option was accepted by the Principal as per Ext.P5 and she was allowed to draw salary accordingly. wpc 20258/2006 2 4. In Ext.P6, a direction was given to cancel the reoption exercised taking the view that the petitioner did not complete 20 years as on 1.11.1998. According to the petitioner, the said stand is not correct and even though various representations were submitted, the first respondent did not agree with the same. It is in these circumstances, the petitioner has approached this Court. 5. The contesting respondents have filed separate counter affidavits. 6. From the pleadings of the parties, what is evident is that the petitioner retired from service without getting the higher scale of pay in the post of Headmistress. The objections taken by the first respondent with regard to the fixation after accepting the option, are therefore to be considered by the competent authority, herein, the Government, in the light of the challenge made by the petitioner in the representation. It is also submitted that the petitioner was not granted the benefit of 2004 pay revision. Hence, the admissible benefits can be granted pending decision by the Government. 7. Therefore, the writ petition is disposed of in the following manner: 8. Leaving open the remedy of the petitioner to approach the Government with regard to the audit objection, the petitioner can be granted the benefits due in terms of the objection now raised, by granting wpc 20258/2006 3 the suitable scale of pay in the post of Headmistress and accordingly after fixing it, the arrears will be quantified and paid to her along with the pay revision benefits of the year 2004. The same will be done within a period of three months from the date of receipt of a copy of this judgment. The petitioner will file appropriate representation before the Government against the audit objection raised as per Ext.P6. She can also seek permission for submitting a fresh option in the event of Ext.P6 being sustained by the Government finally. Such a representation will be submitted within one month from today and the Government will consider the matter and pass appropriate orders within a period of six months thereafter. Apart from that, Ext.P4 shows that the petitioner had remitted an amount of Rs.27,969/- as excess pay as a pre-condition for the acceptance of reoption. Since the reoption itself is interfered with in Ext.P6, the said amount will be refunded to the petitioner, subject to the orders to be passed by the Government, within the period of three months indicated above. No costs. (T.R. Ramachandran Nair, Judge.) kav/