IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23572 of 2011(V) -------------------------- PETITIONER: --------------- BIJU R., S/O.E.N.RAVEENDRAN NAIR, NANDANAM, (EDAMANNIL), EDAPPAVU P.O., PATHANAMTHITTA VIA., KOTTATHOOR (TEACHER EDUCATOR, NSS TEACHER'S TRAINING INSTITUTE, OTHERA). BY ADV. SRI.S.SUBHASH CHAND SMT.V.AJITHA RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION (D), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA-689101. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.23572/11 PETITIONER'S EXTS: EXT.P1: COPY OF GOVERNMENT ORDER BEARING GO(P)NO.145/2006/FIN. DT.25.3.06 (EXCLUDING THE ANNEXURE) EXT.P2: COPY OF THE FORM OF OPTION SUBMITTED BY THE PETITIONER ON 2.6.06. EXT.P2(A); COPY OF STATEMENT OF FIXATION WITH EFFECT FROM 1.0.04 SUBMITTED BY THE PETITIONER ON 2.6.06. EXT.P3: COPY OF THE FORM OF OPTION FOR HIGHER GRADE. EXT.P3(A); COPY OF STATEMENT OF FIXATION OF PAY DT.24.1.07. EXT.P4: COPY OF REPRESENTATION DT.14.2.11. EXT.P4(A): COPY OF STATEMENT OF PAY ALREADY FIXED AND TO BE FIXED ON GETTING PERMISSION TO SUBMIT RE-OPTION. EXT.P5: COPY OF ORDER DT.21.5.11 PASSED BY RESPONDENT NO.1. EXT.P6: COPY OF REVIEW PETITION DT.15.7.11 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1 (EXCLUDING ANNEXURE). True copy P.A. To Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.23572 Of 2011-V -------------------------------------------------- DATED THIS THE 31st DAY OF AUGUST, 2011 J U D G M E N T The petitioner seeks for a direction to the Government to consider and pass orders on Exhibit P6 representation. The matter relates to the fixation made of the revised scale of pay of the petitioner in respect of 2004 pay revision. The petitioner opted the pay revision with effect from 1.10.2004 as per Exhibits P2 and P2(a) copy of the form of option and the statement of fixation of pay. Exhibits P3 and P3(a) will show that fixation was made also. But later it was pointed out that an inadvertent mistake was committed by the petitioner in the matter of submission of option to Exhibit P1 pay revision order. This resulted in the petitioner losing one increment every year. According to the petitioner, the same can be saved only by way of submitting a re-option with effect from 5.10.2006, the date on which he was granted eight years' higher grade. 2. Even though Exhibits P4 and P4(a) were submitted, by Exhibit P5 a reply was given to him and thereafter the petitioner W.P.(C)No.23572/11 -2- has filed Exhibit P6 representation for reconsidering it. 3. The learned counsel for the petitioner submitted that the petitioner is prepared to refund the excess pay so that there is no loss to the State exchequer also. 4. Heard the learned Government Pleader for respondents. 5. It is upto the Government to consider the matter in accordance with law. There will be a direction to the Government to take a decision on Exhibit P6 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 forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn