IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 20540 of 2004(T) -------------------------- PETITIONER(S): --------------- K.M.MARIAM, P.D.TEACHER(RTD) GOVERNMENT L.P.SCHOOL,MALAYIDAMTHURUTHU, VIA, EDATHALA, ALUVA. R/A.URUMATH HOUSE, MALAYIDAMTHURUTHU P.O. ERNAKULAM 683 561. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, KOLENCHERRY. 5. THE HEADMISTRESS, GOVT.L.P.SCHOOL, MALAYIDAMTHURUTHU, VIA. EDATHALA, ALUVA. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR.K.J. FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No. 20540/2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE GOVERNMENT ORDER, VIDE NO.G.O(P) NO.206/2003/FIN. DATED 5-4-2003. EXT.P2. TRUE COPY OF COVERING LETTER DATED 30-4-2003 ALONG WITH ENCLOSURES INCLUDING THE FORM OF OPTION FOR SELECTION GRADE SUBMITTED BY THE PETITIONER DATED 3-5-1999. EXT.P3. TRUE COPY OF THE ORDER DATED 23-12-2003 ISSUED BY ASSISTANT EDUCATIONAL OFFICER. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.20540 of 2004 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT Petitioner approached this court praying for a direction to the respondents to fix her pay based on Ext.P2 re-option. That was turned down as per Ext.P3 stating that the re-option exercised by the petitioner does not come under the purview of the government orders dated 5-2-1999 and 5-4-2003. It is seen that this court in O.P.No.3548/2003 and connected cases had considered the very same issue wherein it has been held as follows:- “1) In the matter of the employees right to exercise re-option, the question as to when the higher grade was sanctioned or became due whether before or after 31-5-1996 will be irrelevant. The cut off date will be of no consequence as regards the right to exercise re-option. All re-options exercised during the period from 28-6-1997 to 27-9-1997 and the period from 5-2- 1999 to 4-5-1999 will stand accepted. 2) The monetary benefits resulting in favour of the employees on account of the exercise of the re- option will become admissible to them from the date of effect of the re-option and not from the date of actual filing of the re-option. Because of the two positions emerging as above objections, if any, raised by the Accountant General, the Government or the Departmental Officers regarding re- option exercised or re-option benefits due to the employees will be illegal and liable to be rejected.” It has also been held that the re-option exercised in terms of the government order dated 5-2-1999 will have to be accepted. W.P(C).No. 20540 of 2004 -:2:- Therefore, this writ petition is disposed of directing the 4th respondent to consider afresh the case of the petitioner in the light of the judgment referred to above and extend the similar treatment to the petitioner ignoring Ext.P3 within a period of two months from the date of receipt of a copy of this judgment. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No. 20540 of 2004 ----------------------------------- JUDGMENT 10th November, 2008