IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 OP.No. 17161 of 2002(R) ----------------------------------- PETITIONER(S): ---------------------- V. PEETHAMBARAN, S/O.SMT.V. PARUKUTTY AMMA AGED 55, RETIRED ASST.COMMANDANT OF POLICE, DISTRICT ARMED RESERVE, PALAKKAD. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME (K) DEPARTMENT SECRETARIAT, GOVT.OF KERALA,TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, KERALA STATE, TRIVANDRUM. 3. THE ACCOUNTANT GENERAL, INDIAN AUDIT AND ACCOUNTS DEPARTMENT, P.B.NO.5607, M.G.ROAD, TRIVANDRUM. R1 TO R3 BY GOVT. PLEADER MR.P.M. MANOJ. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 17161/2002-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DATED 03/04/2000 SENT BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE REPRESENTATION DATED 05/05/2000 THROUGH PROPER CHANNEL TO THE 2ND RESPONDENT BY THE PETITIONER. EXT.P3: COPY OF THE LETTER DATED 12/10/2000 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P4: COPY OF THE REPLY DATED 25/08/2001 SENT BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE REPRESENTATION DATED 11/12/2001 SUBMITTED BY THE PETITIONER THROUGH PROPER CHANNEL TO THE 1ST RESPONDENT. EXT.P5(a): COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ----------------------------------------- O.P.No.17161 of 2002 ----------------------------------------- Dated this the 2nd day of June, 2010 JUDGMENT The petitioner retired from service on 31-5-2002 while he was working as Assistant Commandant in the District Armed Reserve, Palakkad. Pursuant to the pay revision introduced by the Government with effect from 1-7-1993 the petitioner exercised his option. The option was accepted, his pay fixed and on the basis of the option he was sanctioned higher grade promotion. A colleague of the petitioner Sri.M.O.Jose had opted to go over to the revised scale of pay with effect from a later date. Years later, after receiving the higher grade, the petitioner, who felt aggrieved that he had suffered a loss on account of a wrong decision made by him, submitted Ext.P2 representation dated 5-5-2000 requesting for an opportunity to exercise a fresh option pursuant to 1993 pay revision. The said request was rejected by the Government by Ext.P4 letter dated 25.8.2001. In this writ petition the petitioner challenges Ext.P4 and seeks a direction to the Government to permit him to exercise re- option. 2. I heard Sri.G.S.Raghunath, learned counsel appearing for the petitioner and Sri.P.N.Manoj, learned Government Pleader appearing O.P.No.17161 of 2002 -:2:- for the respondents. I have also gone through the pleadings and the materials on record. 3. The petitioner exercised his option pursuant to the 1992 pay revision in the year 1992 itself. Thereafter he was sanctioned higher grade. Years later the petitioner moved the Government for an opportunity to exercise re-option pursuant to the 1992 pay revision. The Government, in my opinion, rightly rejected the said request. The petitioner, who had exercised an option in accordance with his choice way back in the year 1992, cannot, in my opinion, be heard to contend that because of a wiser decision by his junior he should be permitted to exercise a fresh option. In my opinion the claim of the petitioner does not merit acceptance. If such requests are entertained, Government departments will be flooded with such requests. I therefore, find no grounds to interfere with Ext.P4. The original petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P.No.17161 of 2002 ---------------------------- JUDGMENT 2nd June, 2010