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. 23955 of 2005(B) PETITIONER: V.P.SUBADRA, AGED 54 YEARS, W/O.MURALEEDHARAN T.N., SOUMYA NIVAS, COMBAYAR, NEDUMKANDAM(LPSA, S.N.L.P.S., KOTTAR), IDUKKI DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENTS: 1. THE STATE OF EKRALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA. 3. THE ASSISTANT EDUCATIONAL OFFICER, NEDUMKANDAM, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.A.NO.8601OF 2006 IN W.P.(C) NO.23955 OF 2005 DISMISSED 14/8/2008 SD/- K.T.SANKARAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE SERVICE BOOK ACCEPTING RE-OPTION DATED 17.1.1995. EXT.P2 TRUE COPY OF THE G.O.(P) NO.456/94/FIN. DATED 3.6.1994. EXT.P3 TRUE COPY OF THE AUDIT OBJECTION DATED 20.1.2005. EXT.P4 TRUE COPY OF THE REPRESENTATION BEFORE THE SECOND RESPONDENT DATED 5.2.2005. EXT.P5 TRUE COPY OF THE COMMUNICATION RELATING TO AUDIT OBJECTIONS DATED 16.5.2005. EXT.P6 TRUE COPY OF THE G.O.(P) NO.615/136/97/FIN. DATED 28.6.1997. EXT.P7 TRUE COPY OF THE G.O.(P) NO.399/(178)/99/FIN. DATED 5.2.1999. EXT.P8 TRUE COPY OF THE G.O.(P)NO.1503/(160)/FIN. DATED 22.6.1999. EXT.P9 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER ON 22.8.2007 BEFORE THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 23955 OF 2005 B -------------------------------------------- Dated this the 14th August, 2008 JUDGMENT The Writ Petition was filed by the petitioner while she was working as LPSA. The relief prayed for in the Writ Petition is to issue a writ of certiorari quashing Exts.P3 and P5 audit objections and to declare that the petitioner is entitled to the benefits of re-option in view of Ext.P1. 2. The petitioner retired from service as LPSA on 31.3.2007, after 36 years' of service. She submitted Ext.P9 representation before the first respondent to settle the pensionary benefits accepting the re-option with all service benefits. In Ext.P9 representation, it is stated that on 17.1.1995, the Assistant Educational Officer, Nedumkandam accepted re- option of the petitioner to continue in the pre-revised scale of pay up to 1.9.1992 and in the revised scale of pay with effect from 1.9.1992. The petitioner's pay was fixed accordingly. She enjoyed the service benefits as well. In 2005, after a lapse of ten years, objections were raised to the acceptance of re-option exercised by the petitioner long back. The objection was that the re-option was exercised after the time allowed for the same. W.P.(C) NO.23955 OF 2005 :: 2 :: 3. In Ext.P9, the petitioner has pointed out several instances where the Government had condoned the delay and permitted the re-option exercised to be in order. Pointing out the grievance, the petitioner has submitted Ext.P9 representation, which is pending disposal before the first respondent. 4. Learned counsel for the petitioner submits that the petitioner would be satisfied, for the present, if a direction is issued to the first respondent to dispose of Ext.P9 representation. Learned Government Pleader submitted that there are other objections regarding re-option exercised in respect of the grade promotion and that is a matter to be considered. It is necessary to issue a direction to the first respondent to dispose of Ext.P9 representation. Accordingly, the Writ Petition is disposed of in the following manner: a) The first respondent is directed to consider and dispose of Ext.P9 representation as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner. W.P.(C) NO.23955 OF 2005 :: 3 :: b) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition and a copy of I.A.No.8889 of 2008 before the first respondent. c) The petitioner will be entitled to produce such other materials and documents, as are relevant, before the first respondent. (K.T.SANKARAN) Judge ahz/