IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 20844 of 2006(F) -------------------------- PETITIONER: --------------- RAMACHANDRAN.V.K., "SMRITHI", KARIPPATH, P.O.MAITHRA, AREECODE, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.RAMKUMAR RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION. 2. THE PRINCIPLE ACCOUNTANT GENERAL (AUDIT) KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, P.O.MALAPPURAM, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20844 of 2006 APPENDIX EXT.P1: COPY OF THE DEPUTY ACCOUNTANT GENERAL'S COMMUNICATION DATED 4.5.06. EXT.P2: COPY OF THE ABOVE MENTIONED GOVERNMENT ORDER DATED 6.8.05. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 17.6.06. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.20844 OF 2006 ---------------------------------------- Dated this the 12th day of March, 2008 JUDGMENT At the time of filing the writ petition, the petitioner was a Government Higher Secondary School Teacher. The petitioner filed this writ petition challenging the audit objection and the proceedings for recovery of excess amount drawn by him on account of wrong fixation of pay. The petitioner now does not dispute that he cannot, at this point of time, challenge the recovery of the amount and he now only seeks a chance to file a re-option in this respect. The petitioner has filed Ext.P3 representation before the 3rd respondent. The petitioner seeks a direction to the 3rd respondent to consider the same. 2. I have heard the learned Government pleader also. In view of the fact that the petitioner could not file re-option within the period allowed by the Government only because the audit objection came later, I am of opinion that it is only appropriate that the petitioner be given a chance to file a re-option in the matter. W.P.(c)No.20844/06 2 3. Accordingly, I dispose of this writ petition with the following directions: If the petitioner submits a re-option within two weeks from today along with a certified copy of this judgment, the 1st respondent shall consider the same and re-fix the salary in accordance with that option, if that option is otherwise in order. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.20844/06 3