IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 27456 of 2005(R) ------------------------------------------ PETITIONER(S): ------------------------- NIMMI THRESSIA PHILOMINA MATHEW, W/O. M.T.SEBASTIAN, PRINCIPAL, GOVT. T.T.I., CHERUVATHUR, MUVATTUPUZHA. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENT(S): --------------------------- 1. ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. ANU SIVARAMAN FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27456/2005 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AUDIT OBJECTION RAISED AGAINST THE PETITIONER BY THE OFFICE OF 1ST RESPONDENT. EXT.P2: COPY OF THE COMMUNICATION DTD. 25/08/05 RECEIVED BY THE PETITIONER FROM THE 1ST RESPONDENT'S OFFICE. EXT.P3: COPY OF THE EXPLANATION DTD. 31/01/05 SUBMITTED BY THE PETITIONER TO THE AUDIT OBJECTION. EXT.P4: COPY OF THE JUDGMENT OF THIS HON'BLE COURT DTD. 28/03/03 IN O.P.NO.10516/03. EXT.P5: COPY OF GOVT.ORDER G.O.(P) NO.615/(138)/97/FIN. DTD. 28/06/1997. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27456 of 2005-R - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2009. JUDGMENT The issue that is raised in the writ petition is covered in favour of the petitioner by the decision of a Division Bench of this court in State of Kerala v. Lissy Joseph (2005 (4) KLT case No.97, page 70). Necessary facts of the disposal of the case are the following: 2. The petitioner, at the time of filing of the writ petition, was working as Principal of Government T.T.I., Cheruvathur in Muvattupuzha. During 1991-92 she was drawing pay of Rs.1590/- in the scale of Rs.1220- 2150. She exercised re-option on 3.4.1990 in accordance with the Government Order G.O.(P) No.399/99(10)Fin. Dated 5.2.1999 to sanction 20 year grade from 1.11.1997. She also exercised re-option in terms of the Government Order G.O.(P) No.773/99/Fin. Dated 5.3.1999 changing the pay revision of 1997 with effect from 1.11.1997. The audit raised objections in the matter. It is recorded in Ext.P1 that the arrears on account of re-option was admissible only from the date of filing re-option and hence she was liable to refund excess salary drawn from 1.3.1992 to 7.11.1998 vide Govt. Circular No.13/96/Fin. Dated 18.3.1996. WPC 27456/2005 2 3. In the decision reported in State of Kerala's case (2005 (4) KLT page 70) this court held in the following terms: “It is now clear that what is intended is the date of effect of re-option and not the date of actual exercise of re-option. Excess of amount due after calculating the same from the date of effect of re-option can be entitled to set off against the refunds due from the employee and the amount due, if any, arising after the date of re-option alone need be refunded to the Government.” 4. In the light of the principle settled by the above decision, the petitioner is entitled for the benefit of re-option from the date of effect of re- option. If that be so, the objection raised cannot be sustained. 5. Therefore, Exts.P1 and P2 as far as it concern the objection raised by the audit is set aside. It is declared that the petitioner is entitled to get all benefits based on the re-options submitted. The second respondent will take appropriate steps to settle the pensionary claims of the petitioner within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/