IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 30786 of 2005(M) ---------------------------------------- PETITIONER(S): ------------------------ N.K.SOMAN, HIGH SCHOOL ASSISTANT, E.M.GOVT.HIGHER SECONDARY SCHOOL, FORT COCHIN. BY ADVS.MR.K.MOHANAKANNAN SMT.PRAVITHA A.R RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A & E) A.G'S OFFICE, THIRUVANANTHAPURAM. 3. DY.DIRECTOR OF EDUCATION, ERNAKULAM. 4. DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. R1 TO R4 BY GOVERNMENT PLEADER MR.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30786/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE EXTRACT OF THE AUDIT OBJECTION RAISED BY THE ACCOUNTANT GENERAL DTD. NIL. P2:- COPY OF THE JUDGMENT IN WRIT APPEAL NO.234/04 OF THIS HONOURABLE COURT DTD. 25.8.05. RESPONDENT'S EXHIBITS NIL. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.30786 OF 2005 --------------------------------------- Dated this the 4th day of December, 2009. J U D G M E N T The legal issue raised in this writ petition is covered in favour of the petitioner in the light of the decision of a Division Bench of this Court in State of Kerala vs. Lissy Joseph (2005 (4) KLT S.N.70 C.No.97). 2. The petitioner is a High School Assistant working in the E.M.Government Higher Secondary School, Fort Cochin. The matter relates to pay revision of the year 1992. The petitioner submitted the re-option on 31.03.1999 with effect from 01.10.1996, in terms of G.O.(P)No.399/99/(178)/Fin. dated 05.02.1999 on the basis of which the pay was fixed. The audit objection has been raised later as per Exhibit P1 stating that the petitioner is entitled for the benefit only from the date of submission of option ie. on 31.03.1999. This is under challenge in this writ petition. W.P.(C) No.30786/2005 2 3. The petitioner is relying upon Exhibit P2 judgment in Writ Appeal No.234/2004 (State of Kerala vs. Lissy Joseph reported in 2005(4)KLT S.N.70). In the said decision, the Division Bench held thus: “The only dispute to be resolved in these appeals is whether arrears consequent on re-option of higher grades are admissible from the date of effect of re-option or from the date of filing of re- option. 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. Following the judgment of the Division Bench, this Court allowed W.P.(C) No.39901/2003 filed by another teacher. Therefore, the petitioner is entitled to succeed in the writ petition. In the light of the above, the pay fixation has to be effective from the date of option of the petitioner. Exhibit P1 is therefore, quashed. There will be a direction to the 4th respondent to refix W.P.(C) No.30786/2005 3 the pay in terms of the declaration of law made as above and appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. The monetary benefits due to the petitioner will be disbursed from time to time in accordance with the pay fixation. This writ petition is allowed as above. T.R. RAMACHANDRAN NAIR JUDGE smp