IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WA.No.2959 of 2007 ------------------------ AGAINST THE JUDGMENT IN WPC.28515/2003 Dated 29/11/2006 .................... APPELLANTS: RESPONDENTS --------------------------------- 1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM. 3. THE ACCOUNTANT GENERAL ( A& E) KERALA THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS RESPONDENT: PETITIONER -------------------------------- P.ABDULLA, HIGH SCHOOL ASSISTANT, (ARABIC) GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL. KIZHUPARAMBA, MALAPPURAM DISTRICT. ADV. SRI.CHERIAN VARGHESE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.2959 of 2007 ------------------------------------------------ Dated this the 16th day of September, 2008 JUDGMENT Koshy, J Respondent/Petitioner was an Arabic teacher in Government Service. He was granted leave without allowance for study purpose for 129 days from 17/11/1976 to 25/03/1977. By Ext.P1 order Government considered the representations and ordered that the leave without allowance availed of by the teachers for completion of their training course would be reckoned for the purpose of increment, higher grade and for all other service benefits. According to them, vide Ext.P2 the above benefits were granted to the petitioner also. 2. It is the case of the respondent/ petitioner that there were five pay revisions W. A. No.2959 of 2007 -2- after he joined the service (1978, 1983, 1988, 1993 and 1997) and he should be allowed the benefit of re-option also in all the pay revisions. He was on leave without allowance only for 129 days. By getting service benefits, there is no question of extension of time for re-option. As per the wage revision, he had already submitted option. The 129 days was not taken into account while carrying out the option. In the circumstances, he is entitled to count the above period also for calculating pensionary benefits and pay on the basis of his already exercised option and re- option as the case may be. If the above benefit is not implemented he can work out his remedy. There is no question of granting time for re-option again. 3. It is also submitted by the Government Pleader that a large number of teachers got the benefit of Ext.P1 and nobody was given the W. A. No.2959 of 2007 -3- benefit of re-option again and Exts.P1 and P2 are only benefits conferred by the Government and that is not a right to get re-option at this distance of time as time for exercising option and re-option in the pay revisions were already over. 4. The Writ Appeal is allowed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-