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. 23933 of 2006(Y) -------------------------- PETITIONER: ------------ K.L.THOMAS, HEADMASTER, A.U.P.SCHOOL, THUMBOOR, MALA, THRISUR DISTRTICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN SRI.M.MANOJKUMAR (SHANTHIGIRI) RESPONDENTS: ------------- 1. ASSISTANT EDUCATIONAL OFFICER, MALA. 2. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRIUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.1.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 23933/06. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE STATEMENT OF FIXATION OF PAY. P2. COPY OF THE OPTION DTD.28.10.04. P3. COPY OF THE GOVT. ORDER DTD.3.10.96. P4. COPY OF THE GOVT. ORDER DTD.28.6.97. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.23933 of 2006 ================== Dated this the 14th day of January, 2008 J U D G M E N T The petitioner filed option and later re-option for coming over to the new scale of pay in accordance with the 1992 pay revision order. Consequentially his pay was fixed in accordance with the re-option. Later, after 12 years, by Ext.P13 audit objection, the fixation of pay was sought to be cancelled on the ground that the re-option was irregular. The petitioner challenges Ext.P3 audit objection. However, the petitioner would be satisfied with a chance to file fresh option, which would be most advantageous to him. 2. Learned Government Pleader supports Ext.P3 audit objection on the ground that the petitioner had no right to re- option and therefore, the petitioner's fixation could have been only in accordance with the original option. 3. I have considered the rival contentions in detail. 4. Admittedly the petitioner's re-option was accepted as early as in 1994 and his pay was fixed accordingly. It is after 12 w.p.c.23933/06 2 long years that Ext.P3 audit objection has been raised in respect of his pay fixation. I am of opinion that, in such circumstances, the petitioner should have been given a fresh chance to file re- option. Accordingly, I dispose of this writ petition with the following directions: The petitioner shall file his re-option for coming over to the new scale of pay in accordance with the 1992 pay revision within two weeks from the date of receipt of a copy of this judgment. The petitioner shall forward option along with a copy of this judgment to the 1st respondent. The 1st respondent shall cause the pay of the petitioner to be fixed in accordance with such re- option and pass appropriate orders thereon. Orders in this regard shall be passed and the retirement benefits due to the petitioner be disbursed within three months from the date of receipt of a copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE w.p.c.23933/06 3