IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 15409 of 2005(H) -------------------------------------- PETITIONER(S): ------------------------ P.L.VARKEY, HIGH SCHOOL ASSISTANT ST.JOSEPH'S HIGH SCHOOL, P.O.ADAKKATHODE, KANNUR DISTRICT. BY ADV. MR.M.VIJAYAKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY. 4. THE HEADMASTER, ST.JOSEPH'S HIGH SCHOOL, ADAKKATHODE, KANNUR DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15409/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER ISSUED BY DEO THALASSERY DTD. 17.5.95. P2:- COPY OF THE ORDER ISSUED BY DEO THALASSERY DTD. 25.4.05. P3:- COPY OF THE OBJECTION BY THE ACCOUNTANT GENERAL DTD. 9.4.01. P4:- COPY OF THE ORDER GO(P) 615/97/(138)/FIN. DTD. 28.6.97. P5:- COPY OF THE JUDGMENT IN WPC. NO.30935/06 DTD. 6.8.09. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15409/2005-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of October, 2009 J U D G M E N T The petitioner is aggrieved by the refixation of pay, based on an audit objection, as per Ext.P2. He was appointed as High School Assistant on 29/07/1976. He was due to retire from service on 31/03/2006. He was granted the benefits of pay revisions during the years 1978, 1983, 1992 and 1997, and the fixation of pay in the senior grade was sanctioned by the District Educational Officer as per order dated 17/05/1995, Ext.P1. After ten years, an audit objection has been raised and based on which the same was refixed as per Ext.P2. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. The learned counsel for the petitioner relied upon Ext.P4 government letter and Ext.P5 judgment of this Court in W.P.(C). No.30935/2006 wherein, in similar circumstances this Court directed that the petitioner therein will be allowed to submit re-option for coming over to the revised scale of pay as per the 1993 pay revision order, within a specified time. W.P.(C). No.15409/2005 -:2:- 3. In the counter affidavit filed by the third respondent, justification has been sought to sustain the audit objection. It is averred in paragraph (11) that the petitioner has already been informed through the Headmaster regarding audit objection and further directed to submit the revised fixation statement for approval. 4. In Ext.P5 judgment, this Court considered G.O.(P).No.615/97/ (138)/Fin, dated 28/06/1997 produced as Ext.P10 therein, a copy of which is produced as Ext.P4 in this writ petition. In paragraph (2) of Ext.P4, the Government clarified that “the State Government employees and teachers who got time bound grade on or after 01/03/1992 will be permitted to opt time bound higher grade on the date of their choice and to continue in the pre-revised scale till the date of option. The date of option for the revised scales of pay sanctioned as per Government Orders read as first and second paper above will be on the same date of option for time bound higher grade.” 5. Reliance is also placed on Ext.P5 judgment wherein reliance is placed on the judgment in W.P.(C).No.24172/2007 in paragraph (6), the relevant portion of the judgment in W.P.(C).No.24172/2007 is extracted below:- W.P.(C). No.15409/2005 -:3:- “The petitioner's pay is sought to be refixed on account of an audit objection after a long period of six years of original fixation of pay. When pay is sought to be re-fixed after such a long time, that too after the last date for re-option as permitted by the Government, it is only just and equitable that petitioner be given a chance for re-option so as to avoid adverse effect on the audit objection of his pay. The said view is supported by Ext.P16 judgment of this Court in W.P.(C). No.33334/2005.” it was held that the petitioner shall be allowed to submit re-option for coming over to the revised scale of pay as per the 1993 pay revision order, within a specified time. 6. Therefore, the writ petition is disposed of in the following terms:- The petitioner shall be allowed to submit re-option for coming over to the revised scale of pay as per the 1993 pay revision order, within one month from the date of receipt of the copy of the judgment in terms of Ext.P4 Government Order or any other Government Order in force W.P.(C). No.15409/2005 -:4:- applicable to the case of the petitioner. On submitting re-option, the third respondent shall take appropriate steps to refix the pay of the petitioner, in accordance with such re-option, within a further period of two months from the date of receipt of re-option. The recovery proceedings pursuant to Exts.P2 and P3 will be kept in abeyance in the meanwhile. The benefits due to the petitioner will be refixed accordingly. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms