IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 3053 of 2005(L) ------------------------- PETITIONER(S): --------------- V.V.ABDUL AZEEZ, S/O. KUNHAMMED, AGED 56 YEARS, LOWER GRADE ARABIC TEACHER (RETD.) NADUVIL A.L.P.SCHOOL, P.O.NADUVIL (RESIDING AT ALFATHAH MANZIL, HIGH SCHOOL ROAD, MATHAMANGALAM, M.M.BAZAR P.O., KANNUR DISTRICT) BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, KANNUR DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI. SANEER P.M. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Scl. WP(C).No. 3053 of 2005(L) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE G.O(P) NO.615/97/(138)/FIN. OF THE GOVERNMENT. P2: TRUE COPY OF THE EXTRACT OF THE AUDIT OBJECTION. P3: TRUE COPY OF THE G.O.(P) NO.206/2003/FIN. OF THE GOVERNMENT. P4: TRUE COPY OF THE PROCEEDINGS ORDER NO.C 4271/03 OF THE 3RD RESPONDENT. P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT. P6: TRUE COPY OF THE JUDGMENT IN O.P NO.10067/2003-W. P7: TRUE COPY OF THE ORDER NO.80879/PRU.1/04/FIN. OF THE GOVERNMENT. P8: TRUE COPY OF THE ORDER NO.72339/PRU-1/95/FIN. OF THE GOVERNMENT. P9: TRUE COPY OF THE CIRCULAR NO.92/2003/FIN. OF THE GOVERNMENT. RESPONDENT'S EXHIBITS: NIL TRUE COPY PA TO JUDGE Scl. B.P. RAY, J. ---------------------------------------- W.P.(C) No. 3053 OF 2005 ------------------------------------------ Dated this the 15th day of November, 2011. J U D G M E N T Counsel for the petitioner and the learned counsel for the State submit that this case is covered by State of Kerala and others Vs. Lissy Joseph M. (2006(1) KLJ 566), wherein it has been decided that the effect of re-option is relevant for granting benefit subject to the restriction that if there is excess amount after adjustment, it will be refunded only with effect from the date of filing re-option. In that view of the matter, Exts. P2 and P4 are quashed and W.P.(C) is allowed. Respondents are directed to disburse the amount recovered from DCRG paid to the petitioner within three months from the date of receipt of this judgment. Accordingly this Writ Petition is disposed of. B.P. RAY, JUDGE. Scl.