IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 17302 of 2006(I) ------------------------------------- PETITIONER: ----------------- B. NARENDRANATH, HIGH SCHOOL ASSISTANT (RETD.), ELAMANNOOR HIGH SCHOOL, ELAMANNOOR, AREEKKARA HOUSE, MATHIKA, THATTAYIL P.O., PATHANAMTHITTA. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A & E) KERALA AND LAKSHADWEEP, OFFICE OF THE ACCOUNTANT GENERAL, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA. 4. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 5. THE HEADMASTER, ELAMANNOOR HIGH SCHOOL, ELAMANNOOR P.O., ADOOR. 6. SATHEESAN NAIR, HEADMASTER, SHREELAKSHMI, ELAMANNOOR P.O., ADOOR. 7. THE SUB TREASURY OFFICER, SUB TREASURY OFFICE, ADOOR. BY GOVERNMENT PLEADER SRI. MUHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON 18/12/2008 DELIVERED THE FOLLOWING: WP(C) NO. 17302/2006 APPENDIX PETITIONER'S EXHIBITS: EXT. P1 : TRUE COPY OF THE GOVERNMENT ORDER DATED 05.02.1999 REGARDING RECEPTION. EXT.P2 : TRUE COPY OF REOPTION DATED. 29.03.1999 EXERCISED BY THE PETITIONER ON THE BASIS OF EXT.P1 GOVERNMENT ORDER. EXT.P3 : TRUE COPY OF STATEMENT OF FIXATION OF PAY ON THE REVISED SCALE OF PAY COUNTERSIGNED BY THE HEADMASTER OF THE SCHOOL DATED 29.03.99 EXT.P4 : TRUE COPY OF THE CHALLAN RECEIPT DATED 09.06.00 REGARDING REFUND OF EXCESS AMOUNT DRAWN BY THE PETITIONER. EXT.P5 : TRUE COPY OF JUDGEMENT DATED 02.12.2005 IN W.P. (C) No,7027/ 2004 OF THIS HONOURABLE COURT. /TRUE COPY/ P.A. TO JUDGE KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.17302 of 2006 ---------------------------------------------- Dated 18th December, 2008. J U D G M E N T Petitioner is aggrieved since steps have been taken to recover the alleged excess amount drawn by him consequent on the reoption(Ext.P2) exercised by him on the basis of Ext.P1. It has been consistently held by this court that the reoption exercised based on the Government Order prevailing at the time of reoption has to be treated as validly made. The reoption thus having been made based on the Government Order prevailing at the time of reoption, there cannot be any recovery. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.17302 of 2006 ---------------------------------------------- J U D G M E N T Dated 18th December, 2008.