IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 29917 of 2003(J) -------------------------- PETITIONER(S): --------------- M.B.UMMER, AGED 54 YEARS, S/O.BAPPUTTY, ARABIC TEACHER, M.B.L.P SCHOOL, PAZHANJI, THRISSUR BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.E.S.ASHRAF SRI.T.V.VIJAYARAJAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR 3. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DISTRICT 4. THE HEADMASTER, M.B.L.P SCHOOL, PAZHANJI THRISSUR DISTRICT. GOVERNMENT PLEADER SMT.NISHA BOSE FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011, ALONG WITH WPC NO. 15161 OF 2004 WPC NO. 17749 OF 2004 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29917 of 2003(J) APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE G.O.(P).NO.380/94/(13)/FIN. OF THE GOVERNMENT. EXT.P2 TRUE COPY OF THE G.O(P).NO.952/95/(63)/FIN OF THE GOVERNMENT EXT.P3 TRUE COPY OF THE G.O.(P).NO.615/97/(138)/FIN OF THE GOVERNMENT EXT.P4 TRUE COPY OF THE STATEMENT OF FIXATION EXT.P5 TRUE COPY OF THE ORDER NO.E/213/96 OF THE 4TH RESPONDENT. EXT.P6 TRUE COPY OF THE AUDIT ENQUIRY NO.V OF THE 2ND RESPONDENT. EXT.P7 TRUE COPY OF THE PETITION FILED BY THE PETITIONER. EXT.P8 TRUE COPY OF THE ORDER NO.E2-22187/03/L DIS OF THE 2ND RESPONDENT. EXT.P9 TRUE COPY OF THE LETTER NO.30188/PRU-1/95/FIN. OF THE GOVERNMENT EXT.P10 TRUE COPY OF THE INTERIM ORDER IN WPC 28273/2003 OF THIS COURT. EXT.P11 TRUE COPY OF THE LETTER OF HEADMISTRESS TO THE AEO, KUNNAMKULAM EXT.P11(a) TRUE COPY OF THE ORDER NO.3/4808/03 OF THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.29917/2003-J, 15161/2004-E & 17749/2004-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of September, 2011 J U D G M E N T In the three writ petitions, the petitioners who are working as Teachers have retired from service during the pendency of the writ petitions. Aggrieved by the audit objections regarding the refixation of pay and refund of amounts, these writ petitions have been filed. The impugned orders show that the view taken is that the request of the petitioners could not be admitted as G.O.(P).No.952/95/(63)/Fin dated 05/12/1995 is not applicable to teachers. 2. A Division Bench of this Court in the Judgment in W.A.No.592/2007 and connected cases has examined the very same question. There, the Division Bench in para.5 of the Judgment held as follows: “5. On going through the pay revision orders, we notice that Government employees and teachers are treated as separate groups in them. When the expression 'Government employees' is used in such orders, that does W.P.(C). Nos.29917/2003, 15161/2004 & 17749/2004 -:2:- not include teachers working in Government schools. Therefore, we agree with the contention of the appellants that G.O.(P) 380/94/(13)/Fin dated 9.6.1994 was meant for teachers in Government and aided schools and G.O.(P)952/95/(63)/Fin dated 5/12/1995 was applicable only to Government employees other than teachers. Going by the relevant orders, that is the only possible interpretation that can be attributed to them.” Following the same, the direction issued by the learned Single Judge permitting the writ petitioner therein to re-opt as per G.O.(P).No.952/95/(63)/Fin dated 05/12/1995 was also vacated. Ultimately, the Division Bench observed as follows:- “..........It is clarified that this judgment will not stand in the way of the right of the incumbents, if any, to opt in terms of any subsequent Government Orders.” W.P.(C). Nos.29917/2003, 15161/2004 & 17749/2004 -:3:- 3. Learned counsel for the petitioners therefore prayed that similar benefits may be granted to the petitioners also in the light of Government Orders like G.O.(P).No.615/97/(138)/Fin, dated 28/06/1997 and G.O. (P).No.399/(178)/99/Fin, dated 05/03/1999 and any other Government Orders. If such re-options are submitted, the same will be entertained and appropriate orders will be passed. Obviously, the petitioners could not avail the benefit of those Government Orders since the matter was pending before this Court in these writ petitions and, therefore, it is only proper that they are given facility to submit the re-option. The writ petitions are hence, dismissed subject to the above observations. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms