IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WA.No. 2125 of 2006() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33334/2005 Dated 18/08/2006 .................... APPELLANTS: RESPONDENTS 1 TO 5 IN THE WPC: ---------------------------------------------------------------------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM. 2. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. 3. THE DEPUTY DIRECTOR (EDUCATION), KOLLAM. 4. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 5. PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FINANCE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY SPL.GOVERNMENT PLEADER(FIN) SRI. N.MANOJKUMAR RESPONDENT: PETITIONER IN THE WPC: ------------------------------------------------------------- SR. LEELA B., U.P.HEADMISTRESS (RTD.), ST.JOHN'S UPS, THIRUMULLAVARAM, KOLLAM, RESIDING AT LOURD MATHA CONVENT, KOVILTHOTTAM, CHAVARA P.O., KOLLAM. BY ADV. SRI.M.V.THAMBAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN,J J. ====================================== W.A.2125 of 2006 ====================================== Dated this the 18th day of July 2008 JUDGMENT Koshy, J. After considering the peculiar facts of the case, the learned single judge directed as follows: “In the peculiar facts and circumstances of the case, there will be a direction that recovery of the amount as found due and payable by the petitioner as per Ext.P4 will stand quashed. The petitioner will be given an opportunity to re-opt and based on such re-option, if the last drawn pay of the petitioner happens to be more than the amount actually drawn by her, the benefit will be restricted to the actual amount last drawn by her. On the other hand, if such re-option reduces her pay, the amount to be refunded will be re- calculated and demand notice to that effect will be given to the petitioner. Petitioner shall exercise her re- option within a period of one month from the date of receipt of a copy of this judgment to the Assistant Educational Officer, who shall re-calculate the pay allowable to the petitioner based on such re-option and work out the relief, if any, in accordance with what is stated above.” 2. When the appeal came up for hearing, an order was passed for taking steps to implement the directions. By implementing the judgment of the learned single judge, Ext.R1(a) order was passed on 2.4.2008. There is no recovery to be effected as per Ext.R1(a). But thereafter it was corrected W.A.2125/2006 2 by Annexure-A1 order. It is contended that 10 years grade re-option from 1.10.1985 to 1.1.1990 is not allowable in view of the government letter dated 9.4.2008. According to the respondent, the above order is not correct. Considering the fact that the order of the learned judge is already implemented by Annexure-A1 order, we are dismissing the appeal without prejudice to the right of the respondent to challenge the orders passed in implementation of the same. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE css/ W.A.2125/2006 3 J.B.KOSHY & P.N.RAVINDRAN, J. W.A.No.2125/2006 JUDGMENT 18.07.2008