IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 16359 of 2008(V) ---------------------------------------------- PETITIONER: ------------------ C.SAMSON, HIGH SCHOOL ASSISTANT, GOVERNMENT HIGHER SECONDARY SCHOOL, ARUVIKKARA, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SRI.S.S.HUSSAIN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A AND E ), KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, ARIMBRA, MALAPPURAM DISTRICT. 5. THE HEAD MASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, ARUVIKKARA, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.N.MANOJKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 16359 OF 2008 ............................................................................ Dated this the 14th August, 2008 J U D G M E N T The petitioner is a High School Assistant working in the Government Higher Secondary School, Aruvikkara, Thiruvananthapuram. 2. The reliefs prayed for in the Writ Petition are the following: “(i) Issue a writ of certiorari or such other writ, direction or order quashing Exhibits P5 and P10 as arbitrary, illegal and unconstitutional. (ii) Issue a writ of mandamus or such other writ, direction or order compelling the respondents 1 to 3 not to reduce the pay and allowances granted to the petitioner with effect from 01.07.1997 and not to initiate any action detrimental to the rights and interests of the petitioner pursuant to Exhibits P5 and P10. (iii) declare that the service rendered by the petitioner as High School Assistant in the aided school from 2-2-1980 to 24-6-1982 is qualifying service eligible and entitled to be reckoned for service weightage for pay fixation benefits in respect of Pay Revision Orders issued as G.O.(P) No. 3000/98/Fin dated 25.11.1998 and G.O.(P) No. 145/2006/Fin dated 25.3.2006; (iv) direct the respondents to provide the petitioner an opportunity to exercise re-option for fixation of pay; (v) issue such other writ, direction or order as is deemed W.P.(C) No. 16359 OF 2008 2 just and necessary in the facts and circumstances of the case. “ 3. Ext. P5 is the audit objection and Ext.P10 is a communication dated 17.04.2008 issued by the Deputy Director of Education, Thiruvananthapuram to the Headmaster of the School declining the request to forward the representation submitted by the petitioner to the Government. It is stated in Ext.P10 that the representation can be considered only after ' regularisation of irregular fixation of the teacher'. 4. When the Writ Petition came up for admission on 04.08.2008, an interim order was passed, the operative portion of which reads as follows: “2. Learned counsel for the petitioner submits that at least the petitioner is entitled to get the benefit of re-option. He pointed out that as per Ext.P11 Government Order dated 6.8.2005, an opportunity of making re-option was available till 31.10.2005. Petitioner has not exercised the re-option. The benefit of re-option would be available only from the date of such re-option, as per Ext.P11. Learned counsel for the petitioner submits that if the petitioner is permitted to exercise the re-option to be effective only from the date of re-option, though the petitioner would be liable to disgorge the benefits he had already received, he would be benefited in the matter of future pay and also pensionary benefits. 3. Learned Government Pleader prays for ten days' time to get instructions as to whether the petitioner can be W.P.(C) No. 16359 OF 2008 3 permitted to exercise the re-option to be effective from the date of re-option. 5. Today, the learned Government Pleader submitted that the Government has passed an order, No. 63451/PRU-1/08/Fin dated 13.08.2008 which would redress the grievance of the petitioner, as made mention of in the interim order referred to above. The Government order referred to above reads as follows: “Attention is invited to the references cited. In the light of the legal opinion, Government have decided to allow Shri C. Samson, HSA, Govt. H.S.S., Aruvikkara, Thiruvananthapuram, petitioner in the above Writ Petition, a chance for exercising re-option for 1997 Pay Revision subject to the condition that the monetary benefit on account of re-option will be allowed only from the date of exercise of re-option and excess drawn due to irregular fixation and re-option shall be refunded in lump. This may be treated as most urgent. “ In view of the Government Order dated 13.08.2008, the Writ Petition requires to be disposed of in the light of the said order. The petitioner submits that he would be satisfied with the benefits as provided in the Government Order dated 13.08.2008. Accordingly, the Writ Petition is disposed of directing the first respondent to permit the petitioner to exercise re-option for 1997 Pay Revision within a period of one month, in which case, the petitioner would be entitled to all the benefits which are provided in the Government Order dated W.P.(C) No. 16359 OF 2008 4 13.08.2008. Since the learned counsel for the petitioner submits that the petitioner would be satisfied with that relief, it is not necessary to consider any other relief sought for in the Writ Petition. On his exercising re-option for 1997 Pay Revision, necessary consequential orders shall be passed by the respondents concerned. K.T. SANKARAN, JUDGE. lk