IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 12091 of 2007(M) -------------------------------------- PETITIONER(S): --------------------- D.P. SUDHAKUMARI, AGED 54 YEARS, W/O.DR.A.SASIDHARA BABU,HIGHER SECONDARY SCHOOL TEACHER (MATHS),SMV MODEL HIGH SECONDARY SCHOOL, TRIVANDRUM, RESIDING AT ASWATHY,VNRA-214, VIVEKANANDA NAGAR, PANGODE, THIRUMALA P.O, TRIVANDRUM-695 006. BY ADV. MR.MILLU DANDAPANI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FINANCE (PRU.C), GOVERNMENT SECRETARIAT,TRIVANDRUM-695 001. 2. THE SECRETARY,DEPARTMENT OF GENERAL EDUCATION (U),GOVERNMENT SECRETARIAT,TRIVANDRUM. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 4. PRINCIPAL,AHSS FOR GIRLS,COTTON HILL, TRIVANDRUM- 695 014. R1 TO R3 BY SPL.GOVERNMENT PLEADER MR.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 12091/2007-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPIES OF THE OPTIONS FOR 1997 REVISION OF PAY AND DECLARATION FOR 1997 PAY REVISION OPTION DATED 17/03/1999 SUBMITTED BY PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P1(a): COPIES OF THE OPTIONS FOR 18 YEARS GRADE PROMOTION FIXATION ALONG WITH PAY FIXATION DETAILS. EXT.P2: COPY OF THE STTEMENT OF FIXATION OF PAY IN REVISED SCALE PREPARED AND ISSUED BY 4TH RESPONDENT TO PETITIONER. EXT.P3: COPY OF THE GO NO.GO(P)365/05(150)/FIN. DATED 06/08/2005 ISSUED BY 1ST RESPONDENT. EXT.P4: COPY OF THE AUDIT OBSERVATION NO.OA XI/06-07 DATED 09/05/2006 OF ACCOUNTANT GENERAL. EXT.P5: COPY OF THE LETTER NO/A/281/06 DATED 30/08/2006 ISSUED BY 4TH RESPONDENT TO PETITIONER. EXT.P6: COPY OF THE REPRESENTATION DATED 12/10/2006 SUBMITTED BY PETITIONER BEFORE 1ST RESPONDENT. EXT.P7: COPY OF THE ORDER NO.93809/PRU.1/06/FIN DATED 19/02/2007 ISSUED BY 1ST RESPONDENT TO GENERAL SECRETARY, GSTU, STATE COMMITTEE OFFICE, TRIVANDRUM. EXT.P8: COPY OF THE ORDER NO.74576/U1/06/GI. EDN. DATED 20/03/2007 ISSUED BY 2ND RESPONDENT TO PETITIONER. EXT.P9: COPY OF THE COMPARATIVE STATEMENT OF FIXATION OF PAY OF PETITIONER. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE JUDGMNT IN W.A. NO. 288/2005. //TRUE COPY// P.S. TO JUDGE Rs/ S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 12091 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd May, 2009. J U D G M E N T When the Government issued pay revision orders with effect from 1-3-1997, the petitioner, who was a Government Higher Secondary School Teacher submitted option, taking into account her aided school service also. The question as to whether aided school service can be counted for weightage in pay revision was considered by a Division Bench in W.A.No. 288/2005 and connected cases and answered in the negative. As a result of the same, while fixation of pay consequent on pay revision, the petitioner would not be eligible for weightage taking into account the aided school service, resulting in the petitioner becoming liable to refund the amounts received consequent to pay fixation giving weightage taking into account the aided school service also. The petitioner's contention is that in so far as at the time of filing her option, the law prevailing was that aided school service can be counted for the purpose of weightage, the petitioner should be given another opportunity for re-option since the audit objection was raised only after the time granted by Government for re-option was over 2. I have heard the learned counsel for the petitioner and the learned Government Pleader. 3. Earlier, in the judgment in the original petition which was reversed in W.A.No. 288/2005, it was held that aided school service can also be counted for weightage in fixation of pay consequent to pay revision. The law changed only because of the Division Bench decision in W.A.No. 288/2005. In fact, because of the law as it obtaining then, the petitioner did not get an opportunity to file re- option as per Government Orders from time to time. That being so, it is only just and proper that the petitioner be given another opportunity to submit a re-option to avoid refund of any amount, or W.P.C. No. 12091/07. -: 2 :- reduce the amounts refundable, if possible. In the above circumstances, the writ petition is disposed of with the following directions: The petitioner shall file re-option within one month from the date of receipt of a copy of this judgment. On receipt of the same, the 4th respondent shall forward the same to the 3rd respondent who shall fix the pay in accordance with the re-option with consequential reliefs to the petitioner. S. Siri Jagan, Judge. Tds/