IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 532 of 2008(L) ----------------------------- PETITIONER: -------------- P.MOIDEEN KOYA, PHYSICAL EDUCATION TEACHER, GHSS, POONOOR, KOZHIKODE DISTRICT. BY MR.R.K.MURALEEDHARAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REP.BY SECRETARY TO FINANCE DEPARTMENT TRIVANDRUM. 2. DEPUTY DIRECTOR OF EDUCATION KOZHIKODE. 3. THE ACCOUNTANT GENERAL KERALA TRICHUR BRANCH. 4. THE DISTRICT EDUCATIONAL OFFICER THAMARASSERY. BY MR.MUHAMMED FAZIL M.P., GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.532/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE FORM OF OPTION DTD. 15.2.1999. EXT. P2 : COPY OF THE COVERING LETTER DTD. 30.1.2007 TO THE HEAD MASTER AND COPY OF THE REPORT. EXT. P3 : COPY OF THE G.O.(P) No.365/05/(150) FIN DTD. 6.8.2005. EXT. P4 : COPY OF THE JUDGMENT IN W.P.(C) No.27860 OF 2007 DTD. 27.9.2007. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.532 OF 2008 --------------------------------------- Dated this the 28th day of May, 2009. J U D G M E N T The petitioner herein is working as Physical Education Teacher in the Government Higher Secondary School, Poonoor, Kozhikode District. The petitioner was appointed in Government service with effect from 04.12.1980. Earlier he was working in an aided school during the period from 18.09.1978 to 31.03.1979 and from 06.06.1979 to 03.12.1980. 2. Exhibit P1 is the option statement given by the petitioner pursuant to the pay revision order of the year 1997 namely, G.O (P) 3000/98/Fin dated 25.11.1998. It appears that there was an inspection by the audit party and they have raised an objection regarding reckoning of the aided school service for the purpose of granting weightage. In the audit objection it is stated that 17 years weightage is admissible. Exhibit P2 is dated 30.01.2007 namely, 8 years after Exhibit P1 was submitted. W.P.(C) No.532/08 2 3. The petitioner relies upon Exhibit P3 Government Order and Exhibit P4 judgment of this Court in a writ petition filed under similar circumstances wherein the parties were allowed to submit a fresh option since audit objection was raised long after the submission of the option. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. The first respondent has filed a counter affidavit. 5. It is clear from Exhibit P2 that audit objection was raised stating that aided school service cannot be counted for weightage. Exhibit P1 is the option given by the petitioner in the year 1999. Therefore, when objection was taken, the petitioner ought to have been given an opportunity to submit a fresh option. Even though by Exhibit P3 the Government allowed the submission of re-option in regard to the pay revision of the year 1997, the period fixed therein is over by 31.10.2005. The said date is also two years prior to Exhibit P2. Therefore, the petitioner cannot be faulted for non-submitting the re-option at the relevant point of time. W.P.(C) No.532/08 3 6. In Exhibit P4 judgment, learned Single Judge took the view that when an option accepted is sought to be cancelled, certainly the petitioners are entitled to be given a chance to make the correct options, which cannot be termed as re-option at all. I respectfully agree with the said view taken by the learned Single Judge in Exhibit P4 judgment. Therefore, there will be a direction to the petitioner to submit a fresh option within a period of one month from today and the respondents will take appropriate action in the matter and fix the admissible pay to the petitioner accordingly and the benefits also will be disbursed depending upon the revised scale that is fixed, within a further period of three months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp