IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 23204 of 2006(K) --------------------------------------- PETITIONERS: --------------------- 1. M.B.RAVEENDRAN NAIR, H.S.A. (SANSKRIT), A.G.R.M.H.S.S., VELLIKUNNAM. 2. D.CHANDRIKA BAI, H.S.A., A.G.R.M.H.S.S., VALLIKUNNAM. 3. K.PADMAKUMARI AMMA, H.S.A., A.G.R.M.H.S.S., VALLIKUNNAM. 4. G.SOMAVALLI AMMA, H.S.A., A.G.R.M. H.S.S., VALLIKUNNAM. BY ADV. SRI.V.N.ACHUTHA KURUP (SR.). RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. BY GOVERNMENT PLEADER SRI. T.T. MOHAMMED. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23204/2006-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO. 105/06-07 DT. 26/07/06 OF THE HEAD MASTER A.G.R.M.H.S.S., VALLIKUNNAM WITH THE ENDORSEMENT DTD. 04/08/06 OF THE DEO, MAVELIKKARA. EXT.P.2: COPY OF THE G.O. (P). NO. 259/2006/FIN. DTD. 12/06/2006. EXT.P.3: COPY OF THE REPRESENTATION OF THE PETITIONERS DTD. 17/08/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 23204 OF 2006 K = = = = = = = = = = = = = = = Dated this the 17th day of October 2008 J U D G M E N T Petitioners were H.S.As. In this writ petition, the challenge is against Ext. P1, by which, according to the petitioners, the option they have exercised pursuant to Ext. P2 was returned. 2. Admittedly, the petitioners were given Selection Grade subsequent to 1.7.2004, but before 25.3.2006. If that be so, petitioners are entitled to exercise their option in terms of clause (iv) of Ext. P2. Petitioners submit that they have opted for clause (iv)(a). However, it would appear from the counter affidavit filed by the respondents that the pay of the petitioners was fixed in the Selection Grade as per Govt. Order dated 25.3.2006 in the pre- revised scale of Rs.6500-10550. According to the respondents, following the option exercised by the petitioners, the Headmaster forwarded the re-option “for keeping the status quo” in granting the pay revision as already sanctioned as per Govt. Order dated W.P.(C) No. 23204 OF 2006 -2- 25.3.2006. It is stated that such a conditional option was not permissible and it was therefore that it was rejected by Ext. P1. 3. In the counter affidavit the respondents have stated that the petitioners' salary will be released if they submit the proposal with option for fixation of their pay in accordance with paragraph 4 of Ext, P2. This necessarily means that even at this distance of time, it is open to the petitioners to exercise their option in terms of Ext. P2. 4. Therefore, the writ petition is disposed of directing that it will be open to the petitioners to exercise their option in terms of clause (iv)(a) of Ext. P2, in which case, the concerned Headmaster will forward the same to the respondents and the claim for salary and other allowances will be processed and the benefits will be granted accordingly. ANTONY DOMINIC JUDGE jan/-