IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 21400 of 2005(V) PETITIONER: --------------- K.C.MARY, HEADMISTRESS, A.U.P.SCHOOL, THUMPUR, MALA, THRISSUR DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: --------------- 1. ASSISTANT EDUCATIONAL OFFICER, MALA. 2. DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA. 3. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AUDIT OBJECTION RAISED AGAINST THE PETITIONER COMMUNICATED TO HER BY THE RESPONDENTS VIDE ENDORSEMENT DATED 2.12.2004 OF THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE EXPLANATION DATED 25.4.2005 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. EXT.P3 TRUE COPY OF GOVERNMENT ORDER G.O.(P)NO.380/94/(13)/FIN. DATED 9.6.1994. EXT.P4 TRUE COPY OF CIRCULAR DATED 29.12.1994 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION. EXT.P5 TRUE COPY OF GOVT. ORDER G.O.(P)NO.615/(138)/97/FIN. DATED 28.6.1997. EXT.P6 TRUE COPY OF THE G.O.(P) NO.952/95/FIN DATED 5.12.1995. EXT.P7 TRUE COPY OF G.O.(P) NO.615/96/(iii)/FIN. DATED 3.10.1996. EXT.P8 TRUE COPY OF G.O.(P) NO.616/96/(iii)/FIN. DATED 3.10.1996. EXT.P9 TRUE COPY OF THE PROCEEDINGS DATED 21.11.1996 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 21400 OF 2005 V ------------------------------------------------------ Dated this the 1st January, 2009 JUDGMENT At the time when the Writ Petition was filed, the petitioner was working as Headmistress of the A.U.P.School, Thumpur in Thrissur District. She retired from service in March, 2006. 2. An audit objection was received in the office of the Assistant Educational Officer, Mala in December, 2004, raising a question as to the re-option exercised by the petitioner on 28.10.1994 as per G.O.(P) No.458/94/Fin. dated 3.8.1994 to elect the selection grade which was due to her on 1.6.1996. According to the Department, the re-option was not in order. Ext.P1 is the audit objection. Ext.P1 also states that the petitioner had filed another re-option on 1.7.1996 as per G.O.(P) No.952/95/Fin. dated 5.12.1995. It is stated that the said Government Order is not applicable in the case of teachers. Petitioner filed Ext.P2 objections dated 25.4.2005 before the Deputy Director of Education, Thrissur. It is stated that the audit objection and the explanation submitted by the petitioner are pending consideration before the Department and that no decision has been taken in that regard. W.P.(C) NO.21400 OF 2005 :: 2 :: 3. The petitioner has also filed an application for amendment of the Writ Petition incorporating additional paragraph No.3 in the Writ Petition. The petitioner relies on Exts.P6, P7 and P8 Government Orders in support of her contentions. Learned counsel for the petitioner also placed reliance on the decision in State of Kerala v. Lissy Joseph (2005 (4) KLT Short Note 70, case No.97) and the judgment in W.A.No.1578 of 2003. 4. A counter affidavit is filed by the third respondent in which it is stated that the petitioner was promoted as Headmistress only on 1.6.2004. It is further stated that the petitioner has not exercised re-option as per G.O.(P) No.616/96/II/Fin. dated 3.10.1996 and G.O.(P) No.615/97 (138) dated 28.6.1997. It is also stated that the petitioner has not exercised re-option as per G.O.(P)No.380/94(13) dated 9.6.1994. 5. Since no final decision is taken by the Deputy Director of Education after considering the explanation/objection filed by the petitioner, it is only proper that the Deputy Director of Education takes a final decision in the matter after affording an opportunity of being heard to the petitioner. W.P.(C) NO.21400 OF 2005 :: 3 :: In the facts and circumstances of the case, the Writ Petition is disposed of directing the third respondent, Deputy Director of Education, Thrissur, to consider Ext.P2 objections and take a final decision in the matter of Ext.P1, after affording an opportunity of being heard to the petitioner. The final order shall be passed within a period of two months from the date of receipt of a copy of the judgment. Petitioner shall produce a copy of the Writ Petition and a copy of the judgment before the third respondent. (K.T.SANKARAN) Judge ahz/