IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 28632 of 2003(H) ---------------------------------------- PETITIONER(S): ------------------------ 1. K.A.LATHEEF, AGED 56 YEARS, MADATHIL HOUSE, KOOTTIKKAL P.O., KOTTAYAM DISTRICT, (RETIRED HEADMASTER, GOVT.U.P.SCHOOL, PANAKKACHIRA). 2. N.E.SAINABA, MADATHIL HOUSE, KOOTTIKKAL P.O., KOTTAYAM DISTRICT, (HEADMISTRESS, G.W.L.P.SCHOOL, NEDUMKAVUVAYAL, KOTTAYAM DISTRICT. 3. A.P.MARIYAKUTTY, AGED 58 YEARS, W/O.N.C.JOSEPH, KARUVELIL HOUSE, KARIKKATTOOR P.O., MANIMALA, (RETIRED P.D.TEACHER, N.S.G. L.P.SCHOOL, VAZHOOR). 4. E.G.PARUKKUTTY AMMA, AGED 56 YEARS, W/O.VASU NAIR P.P., VELLAPPALLIL, PAMPADY P.O., KOTTAYAM DISTRICT, RETIRED HEADMASTER, N.S.S. G.H.S. VAZHOOR. 5. P.N.CHELLAMMA, (RETIRED HEADMISTRESS GOVERNMENT L.P.S., CHENAPPADY. BY ADV. SRI.ESM.KABEER RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. W.P.(C) NO.28632/2003 2. THE ASSISTANT EDUCATIONAL OFFICER, KANJIRAPPALLY. 3. THE ASSISTANT EDUCATIONAL OFFICER, KARUKACHAL. 4. THE ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR FOR R1TO4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28632/2003 APPENDIX P1:- COPY OF THE CHALAN FOR RS 14,818/- REMITTED BY THE 2ND PETITIONER. P2:- COPY OF THE CHALAN FOR RS. 10,007/- REMITTED BY 3RD PETITIONER. P3:- COPY OF THE G.O(P) NO.399/(178) /99/FIN. DT. TVM. 5.2.99. P4:- COPY OF THE JUDGMENT IN OP. NO.26178/02 DT 4.2.03. P5:- COPY OF THE G.O.(P) NO.206/03/FIN . DT. 5.4.03. True copy P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No. 28632 of 2003 ---------------------------------------------- Dated 10th November, 2008. J U D G M E N T Petitioners are aggrieved since they are not able to reap the fruits of Ext.P4 judgment dated 4.2.2003. It was held in the said judgment that re-options exercised by the petitioners in terms of the Government Order dated 5.2.1999 are legal and valid. It was also held that any amount recovered from them should be repaid. Subsequently, it is seen that the Government has passed Ext.P5 order dated 5.4.2003, wherein two conditions have been imposed; one to the effect that the arrears consequent on re-option should be admissible only from the date of filing of re-option and not from the date of effect of re-option. That position is now settled against the State by several decisions of this court. The second condition is that excess amount drawn consequent on re-option would be adjusted against the arrears due and the balance alone would be refunded. I am afraid, that also cannot be done in the case of the petitioners since there is a positive direction in Ext.P4 judgment to repay the amounts recovered from the petitioner. Therefore, there will be a direction WP NO.28632/03 2 to the respondents to ignore the conditions stipulated in Ext.P5 and refund the amounts which have been recovered from them, within a period of three months from the date of production of a copy of the judgment by the petitioners. In case there is delay in payment, the petitioners will be entitled to interest at the rate of 12% for the period covered by the delay and the officers responsible for such delay will be personally liable for the same. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.28632 of 2003 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.