IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WP(C).No. 3404 of 2011(A) -------------------------------- PETITIONER(S): ------------------- K. VIJAYAN, HEADMASTER, K.K.R. NAIR MEMORIAL L.P. SCHOOL, KARIVELLUR, KANNUR BY ADVS. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, KANNUR DISTRICT - 670 307. BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.3404 of 2011-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2011. JUDGMENT The petitioner's grievance is with respect to the non granting of a chance for submitting re-option in the light of the objection taken in Ext.P2 which has resulted in a revision of his pay scale. He is working as Headmaster of an aided school from 17.11.1990 which has been duly approved by the Educational authorities also. He was granted Headmaster's scale on completion of 15 years of service as LPSA taking into account two months and 19 days temporary service. Accordingly, he had been granted increments also from March 2002. For getting the benefits of pay revision 2004 he opted the date 1.3.2006 on account of the granting of Headmaster's scale with effect from 13.3.2001. Ext.P2 order passed by the Asst. Educational Officer is on the plea that the counting of broken period of service for sanctioning Headmaster's scale is not correct. Learned counsel for the petitioner submitted that this Court in the judgments produced as Exts.P4 and P4(a), has taken the view that in such cases the person will have to be given an opportunity to submit a fresh option. 2. The petitioner has already moved the Government by filing Ext.P3 wpc 3404/2011 2 challenging Ext.P2 order. There will be a direction to the Government to take a decision on Ext.P3 representation after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce copies of the judgments Exts.P4 and P4(a) before the Government for consideration. In the meanwhile, further action pursuant to Ext.P2 will be kept in abeyance. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the Government for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/