IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 18409 of 2003(N) -------------------------- PETITIONER(S): --------------- S.R. SHANMUGHAN (RETIRED DRAWING TEACHER) SARKARA HOUSE, P.O. KAZHIMBRAM, THRISSUR DISTRICT. BY ADV. SRI.K.B.GANGESH SRI.JOE JOSEPH KOCHIKUNNEL RESPONDENT(S): --------------- 1. THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE D.E.O., CHAVAKKAD, THRISSUR DISTRICT. 2. THE DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR COLLECTORATE, THRISSUR. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, VIDYABYASA BHAVAN, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 18409/03 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE COMMUNICATION OF THE SECOND RESPONDENT DATED 9.5.2001. EXT.P2: COPY OF THE PROCEDINGS OF THE FIRST RESPONDENT DATED 9.6.2000. EXT.P3: COPY OF THE OBJECTIONS FORWARDED BY THE PRINCIPAL, V.P.M.S.N.D.P. HIGHER SECONDARY SCHOOL, KAZHIMBRAM TO THE FIRST RESPONDENT DATED 27.8.2001. EXT.P4: COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DATED 19.9.2001. EXT.P5: COPY OF THE LIABILITY CERTIFICATE ISSUED TO THE PETITIONER DATED 24.9.2001. EXT.P6: COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 20.6.2002. EXT.P7: COPY OF THE ORDER PASSED BY THE THIRD RESPONDENT DATED 6.5.2003. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.18409 of 2003 --------------------------------------------- Dated this the 27th day of January, 2009 JUDGMENT It is submitted by the learned counsel for the petitioner and it is not disputed by the learned Government Pleader that the issue involved in this Writ Petition is covered by the decision of this Court in State of Kerala vs. Lissy Joseph (2006(1) KLJ 566) wherein it was held that the arrears consequent on re- option of higher grades are admissible from the date of effect of re-option and not from the date of actual exercise of re-option. Accordingly, the Writ Petition is allowed. Exts.P1, P4, P5 and P7 are quashed. The second respondent shall pass appropriate orders in accordance with the law laid down in State of Kerala vs. Lissy Joseph (2006(1) KLJ 566) and the amounts liable to be disbursed to the petitioner shall be disbursed within a period of three months from today. K.T.SANKARAN, JUDGE csl