IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 OP.No. 10159 of 2003(H) ----------------------- PETITIONER: ------------ JOSEPH K.M/PRINCIPAL, HOLY CROSS HIGHER SECONDARY SCHOOL CHERPUNKAL,PALA. BY ADV. SRI.MATHEW VALSALAN SRI.K.S.MOHAMED HASHIM RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, 2. THE ACCOUNTED GENARAL, KERALA, 3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM, 4. THE DISTRICT EDUCATIONAL OFFICER, PALA, BY GOVERNMENT PLEADER SRI. MOHAMMED FAZIL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 10159/2003. ----------------------------------------------------------------- EXT.P1 TRUE COPY OF ORDER DT. 9-6-1994. EXT.P2 ORDER DT. 5-12-1995. EXT.P3 ORDER DT. 5-2-1999. EXT.P4 LETTER DT. 12-9-1994. EXT.P5 LETTER DT. 23-8-1994. EXT.P6 ORDER DT. 28-6-1997. EXT.P7 TRUE COPY OF PROCEEDINGS. EXT.P8 RELEVANT EXTRACT OF AUDIT OBJECTION. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 10159 of 2003 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th February, 2008. J U D G M E N T Petitioner is the Principal of an aided Higher Secondary School in Kottayam Revenue District. He submitted his option for coming over to the revised scale of pay as per the 1992 pay revision order and re-option was also exercised. As a result of the same, excess amount drawn by the petitioner was to be adjusted towards arrears due to him and balance amount, after adjusting the arrears, was paid by the petitioner. Now, the calculation of that excess amount drawn was objected to on the ground that arrears are payable only from the date of filing of re-option and not from the date of effect of re-option. This stand of the respondents are challenged in this original petition. 2. It is not disputed before me that the said issue involved in this original petition is covered by a decision of a Division Bench of this Court in State of Kerala & others v. Lissy Joseph M., 2006 (1) KLJ 566, in which this Court has held that the pay has to be fixed and arrears also paid from the date of re-option and not from the date of exercise of re-option. Of course, learned Government Pleader would submit that S.L.P.No. 2626/2006 is pending before the Supreme Court against that judgment. However, the learned Government Pleader has no case that the Supreme Court has granted stay in the above S.L.P. In the above circumstances, the petitioner is entitled to the benefit of the above decision. Accordingly, the writ petition is allowed and Ext. P8 order is quashed. However, this would be subject to the result of S.L.P.No. 2626/2006, which is stated to be pending against the above said judgment at the instance of the State. It is declared that the re-option O.P.. No.10159/2003. -: 2 :- exercised by the petitioners following Exts. P2 and P3 orders and the re-fixation done by the 4th respondent on the basis of the same by Exts. P7 is legal, proper and valid. Accordingly, there shall not be any steps to recover the amount from the petitioner on the strength of Ext. P8. Sd/- S. Siri Jagan, Judge. Tds/