IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 8616 of 2007(A) ------------------------- PETITIONER: ------------ M.P.ZEENATH, ASSISTANT TEACHER, PARANNUR WEST A.M.U.P.SCHOOL, NARIKKUNI, KOZHIKODE. THE ADDRESS OF THE PETITIONER IS CORRECTED AS: “M.P. ZEENATH, ASSISTANT TEACHER, 'PARANNUR WEST AMLP SCHOOL', NARIKUNI, KOZHIKODE” AS PER ORDER IN I.A.NO.1664/2008 DATED 6.2.2008 BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, SECRETARY TO FINANCE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE ASSISTANT EDUCATIONAL OFFICER, THAMARASSERY. 4. THE SENIOR SUPERINTENDENT, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THAMARASSERY. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.8616/07 APPENDIX EXT.P1(a): TRUE COPY OF STATEMENT OF SANCTION OF HIGHER GRADE. EXT.P1(b): TRUE COPY OF THE ENTRY INSERVICE BOOK. EXT.P2: TRUE COPY OF THE RELEVANT PAGE OF G.O.(P) NO.145/2006/Fin. DATED 25.3.006. EXT.P3: TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE. EXT.P4: TRUE COPY OF THE ENTRIES IN THE SERVICE BOOK APPROVED BY THE 4TH RESPONDENT AND COUNTER SIGNED BY THE 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE SENIOR GRADE. EXT.P6: TRUE COPY OF THE ENDORSEMENT BY THE 4TH RESPONDENT DATED 13.6.2006. EXT.P7: TRUE COPY OF THE CIRCULAR DATED 24.5.2006. EXT.P8: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 6.12.2006. EXT.P9: TRUE COPY OF THE G.O.(P) NO.572/07/(83)/FIN. DATED 29.11.2007. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.8616 OF 2007 ---------------------------------------- Dated this the 14th day of January, 2008 JUDGMENT The petitioner was granted fixation of pay taking into account the petitioner's earlier broken period of service. When the petitioner applied for senior grade on completion of 16 years, the same was returned stating that the broken periods of service cannot be counted for increment and hence the earlier fixation by Exts.P3 and P4 itself was irregular and excess amount drawn has to be refunded. The petitioner now only seeks a chance to file a re-option pursuant to this objection. According to the petitioner, by Ext.P9 order, the Government itself has granted time till 31.3.2008 for exercising re-option. 2. I have heard the learned Government pleader also. After having heard both sides, I dispose of this writ petitioner with a direction to the 3rd respondent to permit the petitioner to exercise re-option in terms of paragraph 7 of Ext.P9 Government Order and direct the 3rd respondent to re-fix the petitioner's pay accordingly. Orders in this regard shall be passed within a period W.P.(c) No.8616/07 2 of two months from the date of receipt of re-option submitted by the petitioner pursuant to Ext.P9 Government Order. The writ petition is disposed of as above. SD/- S. SIRI JAGAN, JUDGE Acd