IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 20002 of 2006(F) ------------------------------------ PETITIONER(S): ---------------------- T.S.ABDUL KARIM, AGED 61 YEARS, RETIRED P.D.TEACHER, GOVERNMENT H.S. VAZHOOR, S/O.SYED MOHAMMED, THEKKECHERPATH, CHANAPATHAL P.O., VAZHOOR. BY ADV. SRI.ESM.KABEER SMT.PRIYA.R. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL OF KERALA (A&E), THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.20002/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RE-OPTION ALONG WITH THE STATEMENT OF FIXATION OF PAY DT. 6.4.1999. P2:- COPY OF THE STATEMENT SHOWING THE EXCESS AMOUNT DRAWN AND BALANCE DUE TO THE PETITIONER. P3:- COPY OF THE RE-OPTION EXERCISED BY THE PETITIONER BASED ON G.O.(P) NO.399/99/FION. (178) DTD. 5.2.99. P4:- COPY OF THE PROCEEDINGS OF THE HEADMASTER ACCEPTING RE-OPTION DTD. 9.9.1999. P5:- COPY OF THE LETTER DTD. 12.4.2000 OBJECTING RE-OPTION ISSUED BY THE 2ND RESPONDENT. P6:- COPY OF THE REPRESENTATION DTD. 13.3.2001 BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE LETTER NO.P5/1787/E/99-2000/998 DTD. 15.12.2000. R3(b):- COPY OF THE LETTER NO.D1-1468/2000 DTD 28.3.2001. R3(c):- COPY OF THE LETTER NO.D1-13654/06, DTD. 23.9.2006. TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 20002 of 2006 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th day of August, 2011. J U D G M E N T The petitioner retired from the service of the Government of Kerala as a P.D. Teacher. For the 1992 Pay Revision, the petitioner exercised re-option as per G.O(P) No. 399/178/99/(Fin) dated 5.2.1999, which was accepted. But the petitioner was not given the retirement benefits in accordance with the re-option, is the grievance of the petitioner in this writ petition. The petitioner seeks the following reliefs: “i. To call for the records relating to Exts. P1 to P5 and to issue a writ of certiorari quashing Ext.P5 audit objection; ii. to issue a writ of mandamus directing the respondents to pay the monthly pension, DCRG and commuted value of pension in terms of the re-option exercised by the petitioner and accepted in Ext.P4 with interest from 1.4.2000 onwards; iii. to declare that the re-option exercised by the petitioner in terms of G.O.(P)No. 399/99/Fin./(178) dated 5.2.1999 as per Ext.P1 is legal and valid.” 2. The 3rd respondent has filed a counter affidavit which reads as follows: “It is submitted that the petitioner retired on 31.3.2000 after 30 years of service as P.D. Teacher from Government High School, Vazhoor. The petitioner has re-opted the 1992 pay revision after enjoying his selection grade with effect from 2.9.1995 instead of his original option viz. 1.3.1992 and 1.9.1995 respectively in terms of G.O.(P) No. 615/(138)/97/Fin. dated 28.6.1997 and G.O (P) 399/(178)/99/Fin. dated 5.2.1999 as per Ext.P4 proceedings of the Headmaster. Subsequent increment was authorized on 1.9.1996 and 1997 pay revision was also given with effect from W.P(C) No. 20002 of 2006 -: 2 :- 1.3.1997 and pay re-fixed accordingly. The 2nd respondent while authorizing the pensionary benefits withheld the re-option benefits subject to the receipt of clarifications from Government regarding re- option based on G.O.(P) 399/(178)/99/Fin. dated 5.2.1999 as in Ext.P6. Later on 15.12.2000, the 2nd respondent has directed this respondent to forward proposal for revised pensionary benefits as per letter No. P5/1787/E/99- 2000/98 dated 15.12.2000. True copy of the same is produced herewith and marked as Ext.R3(a). On receipt of this direction, this respondent has issued necessary directions to the Headmaster, Government High School, Vazhoor as per letter No. D1/1468/2000 dated 28.3.2001 to forward revised proposal for pensionary benefits along with his service book. True copy of the letter is produced herewith and marked as Ext.R3(b). No revision proposal from the Headmaster or from the petitioner was received by this respondent till the receipt of this writ petition. It is humbly submitted that this respondent, on receipt of the W.P(C) was forwarded the proposal for revision of pension. True copy of the proposal is produced herewith and marked as Ext.R3(c). It may kindly be considered that the petitioner has not approached the concerned authorities to get the pensionary benefits revised, before approaching the Hon'ble Court. If he has pointed out this earlier, his pensionary benefits would have been revised in time.” In view of the averments in the counter affidavit this writ petition is disposed of with a direction to the respondents to see that final orders as promised in the W.P(C) No. 20002 of 2006 -: 3 :- counter affidavit are passed and arrears disbursed as expeditiously as possible at any rate within 2 months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/