IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 29910 of 2003(I) ------------------------------------- PETITIONER(S): ---------------------- 1. T.S. RAMANKUTTY, HIGH SCHOOL ASSISTANT SREE RAMAKRISHNA GURUKULA VIDYAMANDIR HIGHER SECONDARY SCHOOL, (S.R.K.G.V.M.H.S.S.) PURANATTUKARA, THRISSUR DISTRICT. 2. K. INDIRA, U.P.SCHOOL ASSISTANT, SREE RAMAKRISHNA GURUKULA VIDYAMANDIR HIGHER SECONDARY SCHOOL, PURANATTUKARA, THRISSUR. BY ADV. MR.N.P.SAMUEL MR.B.K.PURUSHOTHAMAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., GENERAL EDUCATION DEPAERTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 3. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR. 4. THE PRINCIPAL, SREE RAMAKRISHNA GURUKULA VIDYAMANDIR HIGHER SECONDARY SCHOOL (S.R.K.G.V.M.H.S.S.), PURANATTUKARA, THRISSUR DISTRICT. R1 TO R3 BY SPL. GOVERNMENT PLEADER MR.N. MANOJKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 29910/2003-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER G.O.(P).399/(178)/FIN. DATED 05/02/1999 ISSUED BY R1. EXT.P2: COPY OF THE ORDER G.O.(MS) NO.1333/99/FIN. DATED 30/04/1999 ISSUED BY R1. EXT.P3: COPY OF THE FORM OF EXERCISING RE-OPTION FOR FIXATION OF PAY OF THE 1ST PETITIONER DATED 03/05/1999. EXT.P4: COPY OF THE FORM OF EXERCISING RE-OPTION FOR FIXATION OF PAY OF THE 2ND PETITIONER DATED 03/05/1999. EXT.P5: COPY OF THE STATEMENT OF FIXATION OF PAY OF THE 1ST PETITIONER CERTIFIED BY R4 DATED 03/05/1999. EXT.P6: COPY OF THE STATEMENT FIXATION OF PAY OF THE 2ND PETITIONER CERTIFIED BY R4 DATED 03/05/1999. EXT.P7: COPY OF THE ORDER G.O.(P)NO.1503/99(180)/FIN. DATED 22/06/1999 ISSUED BY R1. EXT.P8: COPY OF THE LETTER NO.C.33/99-2000 DATED 02/07/1999 ISSUED BY R4 TO R3. EXT.P9: COPY OF THE LETTER NO.C.35/99-2000 DATED 02/07/1999 ISSUED BY R4 TO R3. EXT.P10: COPY OF THE LETTER NO.B6/9347/99/L.DIS. DATED 27/10/1999 ISSUED BY R3 TO R4. EXT.P11: COPY OF THE LETTER B6/9394/L.DIS. DATED 23/11/1999 ISSUED BY R3 TO R4. EXT.P12: COPY OF THE ORDER NO.E4-4917/2000/L.DIS. DATED 31/07/2000 ISSUED BY R2. EXT.P13: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE R1 DATED NIL. EXT.P14: COPY OF THE ORDER G.O.(P)NO.206/2003/FIN. DATED 05/04/2003 ISSUED BY R1. EXT.P15: COPY OF THE ORDER NO.B6-6648/03/L.DIS. DATED 08/08/2003 ISSUED BY R3 IN RESPECT OF 1ST PETITIONER. EXT.P16: COPY OF THE ORDER NO.B6-6079/03/L.DIS. DATED 11/07/2003 ISSUED BY R3 IN RESPECT OF 2ND PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.29910 of 2003-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2009. JUDGMENT The first petitioner is working as High School Assistant and the second petitioner is working a U.P.S.A. in the school wherein the 4th respondent is the Principal. The issue pertains to reoption submitted by the petitioners in terms of Ext.P1 Govt. Order dated 5.2.1999. The petitioners exercised a reoption for the 1992 pay revision on 3.5.1999 which is evident from Exts.P3 and P4. The 4th respondent accordingly ordered refixtion of pay as per Exts.P5 and P6. 2. There occurred some delay in forwarding the reoption thus submitted by the petitioners, on the part of the 4th respondent, on the basis of a newspaper report that Ext.P1 order has been cancelled by the Government. Again, the Government clarified the position as per Ext.P7 to the effect that “all applications for option/reoption submitted by employees between 5.2.1999 and 4.5.1999 will be entertained.” Thereafter, the 4th respondent had forwarded the same to the third respondent as per Exts.P8 and P9 wherein detailed explanations have been offered for the delay in forwarding the same. Even though some defects were pointed out, they were also wpc 29910/2003 2 cured and accordingly the proposals were resubmitted. But still, the third respondent returned the proposals by Exts.P10 and P11 stating that there is delay in the matter. The appeals filed by the petitioners were rejected as per Ext.P12 and subsequently the petitioners filed Ext.P13 representation, requesting the first respondent to issue necessary directions to respondents 2 and 3 to accept the reoption. 3. In the light of the directions issued by this Court in O.P.No.20280/2001 which was confirmed in W.A. No.2293/2002, the Government issued Ext.P14 order clarifying that re-option exercised in pursuance of the G.O. dated 5.2.1999 during the period from 5.2.1999 to 4.5.1999 shall be accepted as valid subject to the general conditions in the circulars dated 18.3.1996 and 23.5.1997. 4. Presently, the petitioners are aggrieved by Exts.P15 and P16, whereby even after resubmission of the proposals, again the third respondent has rejected the same stating that Ext.P14 accords no fresh chance for reoption and therefore the reoption of the petitioners are not acceptable. 5. The respondents have filed a counter affidavit in the matter. The main contention raised is that if the Principal had accepted the reoption in time, it would have been forwarded to the third respondent. wpc 29910/2003 3 6. Going by the facts of the case as evident from the various documents produced by the petitioners, there cannot be any doubt that the petitioners have exercised their reoption in time. The 4th respondent had accepted it also. The matter was kept pending evidently in the light of the various Govt. Orders issued during this period and finally the Government had clarified the matter as per G.O.(P) 1503/99(180)/Fin. dated 22.6.1999. If any doubt was there in the matter, it would have been dis-spelled by the issuance of the above Govt. Order. But still, the third respondent did not act upon it. After this Court rendered the judgment in O.P.No.20280/2001, by Ext.P14 the Government clarified the position further. It is true that in Ext.P14 it is also provided in para 7 that no fresh chance for reoption is accorded by the said order. But it is issued with the intention to accept the reoption exercised during the period from 5.2.1999 to 4.5.1999, which condition sands fulfilled by petitioners. In that view of the matter, the stand taken in Exts.P15 and P16 cannot be accepted. 7. The petitioners had submitted valid reoption within the time provided in terms of Ext.P1 Govt. Order. Therefore, it was not right on the part of the third respondent to treat it as a fresh option. The 4th respondent had already clarified the position by explaining the matter further when the reoptions were forwarded, that too in terms of a later Govt. Order which is wpc 29910/2003 4 referred to in Ext.P9. 8. Therefore, the petitioners are entitled to succeed in this writ petition. Exts.P15 and P16 are quashed. There will be a direction to the third respondent to accept the reoption submitted by the petitioners covered by Exts.P3 to P6 and pass appropriate orders regarding the refixation of pay within a period of two months from the date of receipt of a copy of this judgment. Depending upon the same, the petitioners will be entitled for monetary benefits which will also be disbursed without any further delay. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/