IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 21976 of 2004(N) --------------------------------------- PETITIONERS: --------------------- 1. K.RAGHAVAN, S/O.KUNJAPPAN NAMBIAR, AGED 51 YEARS, HIGH SCHOOL ASSISTANT, KOODALI HIGH SCHOOL, KOODALI P.O., KANNUR DISTRICT. 2. M.DIVAKARAN, S/O.K.T.CHATHUKUTTY, AGED 52 YEARS, HIGH SCHOOL ASSISTANT, KOODALI HIGH SCHOOL, KOODALI P.O., KANNUR DISTRICT. 3. P.V.INDIRA, D/O.P.KRISHNAN, AGED 51 YEARS, HIGH SCHOOL ASSISTANT, KOODALI HIGH SCHOOL, KOODALI P.O., KANNUR DISTRICT. 4. P.K.VIJALI, W/O.K.U.VIJAYAN, AGED 51, HIGH SCHOOL ASSISTANT, KOODALI HIGH SCHOOL, KOODALI P.O., KANNUR DISTRICT. 5. M.N.ANOOP KUMAR, S/O.KUNJAMBU, AGED 46 YEARS, HIGH SCHOOL ASSISTANT, KOODALI HIGH SCHOOL, KOODALI P.O., KANNUR DISTRICT. 6. M.N.SAVITHRI AMMA, W/O.DIVAKARAN NAIR, AGED 51 YEARS, HIGH SCHOOL ASSISTANT, KOODALI HIGH SCHOOL, KOODALI P.O., KANNUR DISTRICT. 7. C.A.SHOBHANAKUMARI, W/O.P.K.SURENDRAN, AGED 54 YEARS, HIGH SCHOOL ASSISTANT, KOODALI HIGH SCHOOL, KOODALI P.O., KANNUR DISTRICT. W.P.(C). NO.21976/2004-N: 8. M.P.SUBRAMANIAN, S/O.DAMODARAN, AGED 54 YEARS, HIGH SCHOOL ASSISTANT, KOODALI HIGH SCHOOL, KOODALI P.O., KANNUR DISTRICT. BY ADV. SRI.K.S.SAJEEV KUMAR. RESPONDENTS: ------------------------ 1. THE SECRETARY TO GOVERNMENT, (EXPENDITURE), STATE OF KERALA, FINANCE (PRU-I) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR, EDUCATION DEPARTMENT, KANNUR. 3. THE DIRECTOR OF PUBLIC EDUCATION, THIRUVANANTHAPURAM. 4. DISTRICT EDUCATIONAL OFFICER, TELLICHERRY. BY GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21976/2004-N: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE AUDIT REPORT DTD. 15/06/2002. EXT.P.2: COPY OF THE G.O. (P). NO. 952/95/FIN. DTD. 15/12/1995. EXT.P.3: COPY OF THE PROCEEDINGS DTD. 26/12/1995. EXT.P.4: COPY OF THE INTERIM ORDER IN C.M.P. NO. 38382/2002 IN O.P. NO. 22411/2002 DTD. 07/08/02. EXT.P.5: COPY OF THE JUDGMENT IN O.P. NO. 22411/2002 BEFORE THIS HONOURABLE COURT DTD. 07/03/2003. EXT.P.6: COPY OF THE REPRESENTATION DTD. 01/06/2003 SUBMITTED BY THE P.1. BEFORE THE R.2. EXT.P.7: COPY OF THE ORDER NO. R1-36596/2003/DPI DTD. 29/05/2004. RESPONDENT'S EXHIBIT: EXT.R1.A: COPY OF THE G.O. (P)NO.101/80/(167)/FIN. DTD. 30/01/1980. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C). No.21976 OF 2004 --------------------------------------- Dated this the 28th day of March, 2008. J U D G M E N T In the matter of recovery of benefits already granted based on the re-option made as per Government order dated 5.2.1999, this court has taken the view that the option is valid since the same is made based on the Government Order prevailing at the relevant time. Therefore, the impugned orders are quashed. Learned Government Pleader submits that the issue regarding the arrears is now pending before the Supreme Court in S.L.P.No.2662/2006. It is made clear that the parties will be governed by the outcome of the said S.L.P. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. ps