IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 29870 of 2006(E) -------------------------- PETITIONER: ------------ K.M.JOSEPH, AGED 51 YEARS, S/O.MATHEW, KUTTIPUVATHINGAL HOUSE, P.O.VALILLAPUZHA, HEADMASTER G.U.P.SCHOOL, ODAKKAYAM, VETTILAPARA P.O., AREECODE, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.RAMKUMAR SMT.ANITHA MENON RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION. 2. THE PRINCIPAL ACCOUNTANT GENERAL, (AUDIT) KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, P.O.MALAPPURAM, MALAPPURAM DISTRICT. BY GOVT. PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 29870/2006. --------------------------------------------------------------------- EXT.P1 TRUE COPY OF COMMUNICATION DT. 19-4-2006. EXT.P2 GOVT. ORDER DT. 6-8-2005. EXT.P3 REPRESENTATION SUBMITTED BY PETITIONER. EXT.P4 TRUE COPY OF COMMUNICATION DT. 25-9-2006. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 29870 of 2006 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th March, 2008. J U D G M E N T The petitioner is the Headmaster of a Government U.P. School. For coming over to the new scale of pay as per the 1997 pay revision order, the petitioner submitted option taking into account his aided school service also for the purpose of weightage and pay was fixed accordingly. This was objected to and the petitioner was directed to refund the excess salary drawn by him on account of the wrong fixation. The petitioner is challenging orders in this regard. The petitioner submits that in a similar writ petition, viz. W.P(C) No. 20844 of 2006, in an identical situation, the petitioner therein was given the chance of filing re-option. 2. I have heard the learned Government Pleader also. 3. A Division Bench of this Court has held that aided school service cannot be counted for the purpose of weightage under the pay revision orders. That being so, the petitioner cannot validly challenge the audit objection and consequent recovery. However, since the Division Bench decision came after the date prescribed by the Government for submitting re-option was over, it is only just that the petitioner be given another opportunity to submit re-option, excluding the aided school service. Accordingly, I dispose of this writ petition with the following direction. If the petitioner submits a re-option within three weeks from today along with a certified copy of this judgment, the 1st respondent shall consider the same and re-fix the salary in accordance with that option, if that option is otherwise in order. Sd/- S. Siri Jagan, Judge. Tds/