IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 33545 of 2007(R) -------------------------- PETITIONER: ------------ 1. V.K.HAMZA, HEAD MASTER, GLPS, NEDIYANAD WEST THAMARASSERY,KOZHIKODE DISTRICT. 2. A.K.ABOOBACKER, HEAD MASTER, GLPS SCHOOL, KANTHAPURAM. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: ------------- 1. THE STATE OF KERALA REP.BY SECRETARY TO FINANCE DEPARTMENT,THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER THAMARASSERY, CALICUT DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER BALUSSERY,KOZHIKODE DISTRICT. BY SHRI.MANOJ KUMAR, SPL. GOVERNMENT PLEADER (FINANCE) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 33545/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPIES OF THE FORM OF OPTIONS DATED 15/02/1999 AND 24/01/1999. P2 : COPY OF THE COMMUNICATION DATED 06/04/2006 FROM AEO, CHEVAUR. P3 : COPIES OF THE FORM OF OPTIONS DATED 10/02/99 AND 16/02/99. P4 : COPY OF THE COMMUNICATION OF THE 3RD RESPONDENT DATED 31/08/2004. P5 : COPY OF THE GO(P) NO.365/05/FIN DATED 06/08/05. P6 : COPY OF THE FORM OF OPTION WITH STATEMENT DATED 13/10/2005. P7 : COPY OF THE ORDER DATED 06/01/2006. P8 : COPY OF THE REPORT ON THE LOCAL AUDIT OF THE ACCOUNT BY 2ND RESPONDENT. P9 : COPY OF TE RELEVANT PAGE OF THE GO(MS) NO.463/68/Edn. DATED 26/10/1968. P10 : COPY OF THE GO(P) 515/85 FIN. DATED 16/09/1985. P11 : COPY OF THE RELEVANT PAGE APPENDIX III TO GO(P) NO.480/89 FIN. DATED 01/11/89. P12 : COPY OF THE GO(P) 1480/99/FIN. DATED THIRUVANANTHAPURAM 17/06/99. P13 : COPY OF THE JUDGMENT IN WP(C) No. 27860/07 DATED 27/09/2007. P14 : COPY OF THE GO(P) 616/96/(111)/FIN. DATED 03/10/1996. P15 : COPY OF THE GO(P) 615/97/(138)/FI DATED 28/06/1997. P16 : COPY OF the RELEVANT PAGE OF ANNEXURE III OF GO(P) 3000/98 DATED 25/11/98. RESPONDENT'S EXHIBITS R1(a) : COPY OF THE JUDGMENT DATED 26/10/2007 IN WP(C) No. 1776/05. // TRUE COPY // PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.33545 OF 2007 ---------------------------------------- Dated this the 13th day of February, 2008 JUDGMENT Pursuant to 1997 pay revision order, the petitioners who are Government School teachers, submitted option and a re-option to come over to the new revised scale of pay in accordance with the date of sanctioning of senior grade. The petitioners opted for a date taking into account their aided school service also for the purpose of senior grade. This re-option was accepted and pay was fixed. Later on, disputes arose as to whether the aided school service can be considered for granting weightage in accordance with the pay revision order. This was finally decided by a Division Bench of this Court on 15.2.2007 in W.A.No.288/05 holding that aided School service cannot be reckoned for granting weightage in service. Audit objections were raised against the fixation of pay of the petitioners in the senior grade taking into account the aided school service also. Accordingly, their re- option was sought to be cancelled and they were directed to refund the excess amounts drawn by them on the basis of the W.P.(c) No.33545/07 2 fixation already made on the basis of the re-option. It is under the above circumstances, the petitioners have approached this Court. 2. The petitioners now would be satisfied with an opportunity to file a re-option taking into account the facts and circumstances of the case. 3. The learned Government pleader would oppose the same on the ground that there is no Government Order prevailing for enabling the petitioners to file a re-option and the time limit fixed in Ext.P5 Government Order has already expired. 4. After considering the arguments of both sides, I feel that in so far as the petitioners are told that they cannot take advantage of the aided school service only now, it is only in the fitness of things that they should be given another opportunity to file re-option as a special case. Accordingly, if the petitioners submit a re-option within a period of one month from today, the same should be accepted, if otherwise in order, and their pay fixed in accordance with 1997 pay revision order on the basis of that option within a W.P.(c) No.33545/07 3 further period of one month from the date of receipt of re- option. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd