IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 23634 of 2007(L) ------------------------------------- PETITIONER(S): ------------------------- SUSAN JOSEPH, W/O. K.V.MATHEW, HEAD MISTRESS, GOVT. HIGHER SECONDARY SCHOOL, VELLAMANAL, MAYYANAD, KOLLAM, RESIDING AT KUTTICHIRA PUTHEN VEEDU, KUMMALLOOR (P.O), CHATHANNUR, KOLLAM DISTRICT. BY ADV. MR.M.V.THAMBAN RESPONDENT(S): ------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. 2. DY. DIRECTOR (EDUCATION), KOLLAM. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT., DEPARTMENT OF GENERAL EDUCATION,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 5. ACCOUNTANT GENERAL (KERALA), THIRUVANANTHAPURAM. R1 TO R5 BY GOVERNMENT PLEADER MR.MUHAMOOD FAIZAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON 23/10/2009 DELIVERED THE FOLLOWING: W.P.(C) NO.23634/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE G.O.(P) NO.399/(178)/99/FIN. DTD. 5.2.99. P2:- COPY OF THE G.O.(MS) NO.1333/91/FIN. DTD. 30.4.99. P3:- COPY OF THE JUDGMENT DTD. 9.4.03 IN OP. 14237/99 BY THE HONOURABLE HIGH COURT. P4:- COPY OF THE LETTER NO.GE-29/A/S/874/GE /441 DTD. 21.6.06 ISSUED BY THE ACCOUNTANT GENERAL. P5:- COPY OF THE REPRESENTATION DTD. 22.9.06 BY THE PETITIONER BEFORE THE ACCOUNTANT GENERAL. P6:- COPY OF THE LETTER NO.GE-29/A/S/874/GE/1815 DTD. 9.1.07 ISSUED BY ACCOUNTANT GENERAL. P7:- COPY OF THE REPRESENTATION DTD. 25.1.07 BY THE PETITIONER BEFORE ACCOUNTANT GENERAL. P8:- COPY OF THE LETTER NO.GE-29/A/S-974/2155 DTD. 23.3.07 ISSUED BY ACCOUNTANT GENERAL. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.23634 of 2007-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of October, 2009. JUDGMENT The petitioner herein is aggrieved by Exts.P4, P6 and P8 whereby audit objections have been raised with regard to the pay fixation. Shortly stated, the relevant facts are the following: 2. The petitioner is presently working as Headmistress in a Government Higher Secondary School in Kollam district. She started her career as H.S.A. and was promoted as Headmistress with effect from 1.6.2005. The petitioner, while working as H.S.A., submitted her option to come over to the revised scale of pay with effect from 1.3.1992 and also has exercised her option for various higher grades in the new scale brought into effect from 1.3.1992. She submitted re-option within the time permitted as per Ext.P1 Govt. Order. This was withdrawn later by Ext.P2 order. The above order was under challenge in various writ petitions. The petitioner had to approach this court by filing O.P.No.14237/1999 along with others and by Ext.P3, the said writ petition was allowed. It was declared that the reoption exercised by the petitioners in terms of Ext.P1 are legal and valid. The steps take to re-open them and to revise and refix the wpc 23634/2007 2 salary of the petitioners therein were quashed. Consequential directions were issued. Her promotion as Headmistress was subsequent to the said judgment. The pay fixation was also effected. At that point of time, by Ext.P4 audit objection was raised which was objected to by the petitioner as per Ext.P5. Ext.P6 is the reply given by the Accountant General still objecting to the fixation of higher grade granted in 1999, based on 1999 Pay Revision Order. Even though Ext.P7 representation was filed seeking to drop the same, the 5th respondent refused the same. It is in these circumstances, the petitioner has filed this writ petition. 3. It is mainly contended that in the light of Ext.P1 and the judgment Ext.P3, the audit objection cannot be sustained. All others have been benefited by the order Ext.P1 and the judgment Ext.P3, and only in respect of the petitioner alone, objections have been raised. 4. In the counter affidavit, it is averred that the petitioner, on completion of 10 years of service in the cadre of H.S.A., was granted the first time bound higher grade with effect from 17.1.1989. She was eligible for senior grade on completion of 20 years with effect from 17.1.1999 as per the provisions contained in the 1992 pay revision. She was granted senior grade with effect from 17.1.1999 and pay fixed at Rs.2240/-. She had also exercised option for 1997 pay revision on 17.1.1999 and pay fixed at Rs.6625/-. It is averred in para 3 further that by the issuance of G.O.(P) No.1503/99(180)/fin dated 22.6.1999, it was clarified that all reoptions wpc 23634/2007 3 submitted by the employees between 5.2.1999 and 4.5.1999 will be entertained. It is further averred in para 5 as follows: “It is submitted that Government have issued G.O.(P) 206/2003/Fin. Dated 5.4.2003 clarifying that those employed whose time bound higher grade fell due/sanctioned on or after 1.3.1992 as per the scheme of time bound higher grade in pay revision order ’92 shall be accepted as valid. In the wake of above order, all re-options exercised by the Government employees shall be valid.”. 5. In the light of the above, the petitioner is entitled to succeed. The reoption exercised by the petitioner will also be treated as valid. Therefore, the objections raised as per Exts.P4, P6 and P8 are quashed. There will be a direction to respondents 4 and 5 to fix the pay of the petitioner on the revised scale of pay brought into effect from 1.4.2004 within a period of two months from the date of receipt of a copy of this judgment. The petitioner will be entitled for the revised benefits also accordingly and the benefits shall be disbursed within a further period of two months. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/