IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 32807 of 2004(E) -------------------------- PETITIONER: ------------------ C.C. PRABHA, ASSISTANT TEACHER, MOOZHIKKARA L.P. SCHOOL, TELLICHERRY. BY ADV. SMT.VANAJA MADHAVAN RESPONDENTS: ---------------------- 1. ASSISTANT EDUCATIONAL OFFICER, TELLICHERRY. 2. DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRRUM. 3. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT TRIVANDRUM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32807/2004 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE EXTRACT FROM THE SERVICE BOOK ENDORSED BY ASSISTANT EDUCATION OFFICER DT. 15.1.02 AND TYPED COPY OF EXT.P1. EXT.P2:- COPY OF THE JUDGMENT DT. 20.12.02 IN OP. NO.37465/02(I) OF THIS HONOURABLE COURT. EXT.P3:- COPY OF THE LETTER DT. 7.6.04 ISSUED TO THE PETITIONER BY HEAD MISTRESS, MOOZHIKKARA, MAPPILA SCHOOL. EXT.P4:- COPY OF THE REPLY SENT BY PETITIONER TO HEAD MISTRESS, MOOZHIKARA MLPS. EXT.P5:- COPY OF THE COMMUNICATION DT. 25.10.04 SENT BY IST RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 32807 OF 2004 --------------------------------------- Dated this the 23rd day of May, 2008. J U D G M E N T It is the date of effect of re-option and not the date of making the re-option that is relevant as per the decision reported in State of Kerala vs. Lissy Joseph (2005(4)KLT SN 70). Learned Government Pleader submits that the issue is pending before the Supreme Court. This writ petition is disposed of in terms of the interim order making it clear that the party shall be governed by the outcome of the matter if any pending before the Supreme Court. Since, admittedly, there is no stay granted by the Supreme Court, there will be a direction to the respondents to disburse the amounts if any withheld to the petitioner within a period of three months from the date of production of a copy of this judgment. KURIAN JOSEPH, JUDGE. smp