IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WA.No. 2183 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27794/2008 Dated 18/09/2008 .................... APPELLANT(S): PETITIONER IN WP(C): ---------------------------------------------------------- P.SAINABA BEEVI, HEADMISTRESS, (RETIRED FROM GOVT. L.P. SCHOOL, MYLAKKADU, KOLLAM DISTRICT). RESIDING AT: 'SHAJIL MANZIL', MYLAKKADU P.O., KOTTIYAM, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.V.K.SATHYANATHAN RESPONDENT(S): RESPONDENTS IN WPC:- ------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., DEPARTMENT OF FINANCE (PRC), GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. ASST. EDUCATIONAL OFFICER, CHATHANNUR, KOLLAM DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. SR. GOVERNMENT PLEADER SRI. BENNY GERVACIS FOR R1 TO R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- W.A. No.2183 of 2008 --------------------------------------- Dated this the 17th day of November, 2008 Judgment Koshy,J. Appellant/Petitioner was appointed as P.D. teacher on 6.8.1974. After getting various promotions, she retired as Headmistress on 31.3.2005. Central parity in the pay scales was implemented with effect from 1.3.1992. Petitioner opted for revised scale of pay of Rs.1350-2220 in the post of P.D. Teacher (Higher Grade), the post held by the petitioner immediately prior to 1.3.1992. She was also granted senior grade on 6.8.1994. Finding that the option exercised earlier will be disadvantageous subsequently, she submitted re-option in 2004. As per G.O.(P) No.380/94/Fin. dated 9.6.1994 which was modified by G.O. (P) No.484/94/Fin. dated 23.8.1994 all Government employees and teachers were given an opportunity to submit their re-option for time bound higher grade fell due on or after 1.3.1992 cancelling the option already exercised. The option given by her for 1992 pay revision and senior grade from 6.8.1994 were not beneficial to her as expected and that is why she submitted re-option in 2004, but, W.A.No. 2183/2008 2 she made the representation only in 2004. Now, the contention of the appellant/petitioner is that at least for pension she should be given the benefit as there was a mistake in fixation. There is no mistake in fixation of her pay. Pay was fixed as per the option exercised by her. For cancelling the option earlier made, she should have made the re-option within the time limit prescribed by the Government, but, here, she made the re-option only in 2004, about a decade after the earlier option. On the basis of the option exercised by her, her pay was fixed correctly and she is also getting pension on the basis of the pay fixed correctly in accordance with the option exercised by her. We see no ground to interfere in the impugned judgment of the learned single Judge. Appeal is, therefore, dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa W.A.No. 2183/2008 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- W.A. No. 2183/2008 ------------------------------------- Judgment Date:17th November,2008