IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 16203 of 2007(D) -------------------------- PETITIONER(S): --------------- M.T.MARY, DY.TAHSILDAR, TALUK OFFICE, MOOVATTUPUZHA. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.BIJIMON C.CHERIAN SMT.K.S.SUMITHA RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE TAHSILDAR, TALUK OFFICE, MOOVATTUPUZHA. 3. THE ACCOUNTANT GENERAL (A &E), KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16203/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF ORDER NO.A1-155/97 OF SPECIAL TAHASILDAR (LA) MVIP, ELANJI. EXT.P2: TRUE COPY OF GO(P) 206/2003/FIN. EXT.P3: TRUE COPY OF THE ORDER OF THE 3RD RSPONDENT NO.A1- 6084/04. EXT.P4: TRUE COPY OF THE REPRESENTATION FILED BY PETITIONER BEFORE THE 2ND RESPONDENT THROUGH 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE ORDER ISSUED BY 1ST RESPONDENT. EXT.P6: TRUE COPY OF THE JUDGMENT IN WA NO.1441/04. EXT.P7: TRUE COPY OF THE JUDGMETN IN WPC NO.31825/2005(L). EXT.P8: TRUE COPY OF THE GO(RT) NO.2002/2007/RD. EXT.P9: TRUE COPY OF THE INTIMATION SLIP OF PENSIONARY BENEFITS. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 16203 OF 2007 (D) ===================== Dated this the 7th day of December, 2009 J U D G M E N T Petitioner was promoted as UD Clerk Higher Grade/Village Officer w.e.f. 5.8.1992. She exercised re-option for the second time bound higher grade w.e.f. 1/9/94 and the option was exercised on 15/2/99, which is well within the time specified. In Ext.P6 judgment in WA No.186/04 and connected cases, Division Bench of this Court has held that option exercised will be effective from the date of effect of option and not from the date of filing the option. The controversy in this writ petition is what is the effective date of the option exercised by the petitioner. 2. Learned Government Pleader invited my attention to the provisions of GO(P) No.930/93/(2)/Fin. dated 8/12/93, Clause 7 of which dealing with Rules for fixation, provides that if an employee wishes to opt for the revised scale of pay of his promoted post to which he was promoted on or after 1/3/92, he will be permitted to opt for the revised scale of the promoted post with effect from the date of promotion and his pay in the revised scale will be fixed on the basis of the pay he drew in the pre- WPC 16203/07 :2 : revision scale of the promoted post on that date. He has also brought to my notice GO(P) No.81/94/(5)/Fin. dated 2nd of February, 1994, where the position as given in para 7 of the Government Order referred to above has been reiterated. Therefore, the option exercised has to be for the revised scale of the promoted post with effect from the date of promotion. 3. In this case, as is seen from para 6 of the counter affidavit, the promotion of the petitioner as Village Officer was w.e.f. 5/8/92 and therefore irrespective of the date opted by her, she could have opted for the revised scale only w.e.f. 5/8/92, the date on which she was promoted as Village Officer. 4. The option having been exercised within the time fixed in the pay revision order, her monetary benefits will have be worked out accepting 5/8/92 as the effective date of the option and monetary benefits will have be worked out and given as ordered in Ext.P6 judgment rendered by Division Bench of this Court. Ofcourse any such payment will be subject to the outcome of the Special Leave Petition filed by the Government against the Division Bench judgment which is pending before the Apex Court. Needful shall be done in this behalf. As a necessary consequence, WPC 16203/07 :3 : the pensionary benefits due to the petitioner will also be reworked and this shall be done as expeditiously as possible, at any rate within 3 months of the date of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp