IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 17026 of 2011(C) -------------------------- PETITIONER: --------------- K.V.INDIRA, LOWER PRIMARY SCHOOL ASSISTANT, R.M.L.P. SCHOOL,ARATTUPUZHA, THRISSUR. BY ADV. SRI.V.RAJENDRAN SRI.P.SAMSUDIN RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. 2. ASSISTANT EDUCATIONAL OFFICER, CHERPU, THRISSUR DISTRICT-680561. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX( W.P.(C)No. 17026/11) PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT IN W.P.(C)No.40236/03 DT.19.2.10. EXT.P2 : COPY OF THE REPRESENTATION DT.19.6.10 SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P3 : COPY OF THE REPRESENTATION DT.29.11.10 SUBMITTED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17026 Of 2011 -------------------------------------------------- DATED THIS THE 24TH DAY OF JUNE, 2011 J U D G M E N T The petitioner, who is a Lower Primary School Assistant, seeks for a direction to the Government to take a decision on Exhibit P3 representation concerning the non-acceptance of the re-option regarding pay revision and grant of higher grade benefits. 2. The petitioner entered service on 1.6.1987 and continued upto 14.7.1990 on which day, she was retrenched for want of vacancy. She became a claimant under Rule 51A of Chapter XIV-A of Kerala Education Rules and she was re-appointed on 2.6.1991 and it is pointed out that the appointment was approved and increments have have been granted. 3. In 1997 again she was retrenched and it is the case of the petitioner that though she was entitled for protection, she was not deployed and had to continue in the parent school wherein she ws absorbed in a regular vacancy on 1.6.1998. Seeking for a direction to disburse the pay and allowances for the period from 15.7.1997 to 31.5.1998, the petitioner approached this Court and by Exhibit P1 judgment, directions were issued holding the view that the petitioner cannot be denied salary for the period during which she continued in W.P.(C)No.17026/11 -2- service in the parent school for want of orders of deployment. It is pointed out that a Writ Appeal filed against the same has also been dismissed. 4. Even though the pay and allowances for the said period were sanctioned and disbursed, the benefits of pay revision during the period 1997 to 2004 as well as higher grade benefits have not been granted to the petitioner and seeking for grant of the same, Exhibit P2 representation has been filed. But the Assistant Educational Officer has returned the proposal for want of sanction for re-option. Therefore, the petitioner has moved the Government by filing Exhibit P3 representation. 5. There will be a direction to the Government to take a decision on Exhibit P3 representation after hearing the petitioner within a period of four months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn