Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM MONDAY,THE27H DAY OF JANUARY20147TH MAGHA, 1935 WP(C).No. 26867 of 2013 (G) ---------------------------- PETITIONER : -------------------- K.SARADA, AGED55YEARS, W/O.SUGADHAN M.K., LG URDU FULL-TIME TEACHER, VSUP SCHOOL, VELLARAKAD THRISSUR, RESIDING AT MELEVEEIL HOUSE, KANIPPAYYUR THRISSUR - 680 517. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S) : ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.
3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR DISTRICT - 680 001.
4. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM - 680 503.
5. THE HEADMISTRESS, VSUP SCHOOL, VELLARAKAD, THRISSUR - 680 584.
6. MANAGER, VSUP SCHOOL, VELLARAKAD, THRISSUR - 680 584. R1 TO R4 BY SPL. GOVT. PLEADER SRI. SUNIL CYRIAC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2701-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26867 of 2013 (G) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE APPOINTMENT ORDER
CARRYING THE ENDORSEMENT OF AEO DATED16.1981. EXT.P2 COPY OF THE OPTION SUBMITTED BY THE PETITIONER DATED232.1992 IN FORM OF OPTION (G.O.(P) 3000/98/FIN. DATED2511-1998. EXT.P3 COPY OF THE OPTION FORM DATED32.1986 BY THE PETITIONER. EXT.P4 COPY OF THE OPTION DATED157.1992 BY THE PETITIONER. EXT.P5 COPY OF THE AUDIT OBJECTION COMMUNICATED BY THE AEO VIDE ENDORSEMENT NO. 5373/12 DATED181.2013. EXT.P6 COPY OF THE LETTER DATED1110.2013 ISSUED BY THE5H RESPONDENT TO THE PETITIONER ALONG WITH THE COPY OF DUE DRAWN STATEMENT. EXT.P7 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED1110.2013. EXT.P8 COPY OF THE ORDER
G.O.P10180/167/FIN DATED301.1980. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn C.K.ABDUL REHIM,J.
------------------------------- WP(C).No.26867 of 2013 --------------------------------- Dated this the 27th day of January, 2014 JUDGMENT
Aggrieved by Ext.P6 order of the 5th respondent requesting the petitioner to refund the excess drawn salary issued on the basis of Ext.P5 audit objection, the petitioner had submitted Ext. P7 representation before the 1st respondent, relying on Ext.P8 circular issued by the Government. Learned counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the 1st respondent to consider Ext.P7 and to take an appropriate decision.
2. Heard; Special Government Pleader appearing on behalf of respondents 1 to 4. In Ext.P7 the petitioner had narrated the circumstances under which the option was happened to be exercised. It is for the Government to consider the same and to take a decision as to whether the petitioner can be permitted to exercise re-option. Interest of justice will be achieved by directing the Government to take a decision on Ext.P7 representation within a time limit. WPC.26867/2013 2 3. Therefore the writ petition is disposed of directing the 1st respondent to consider Ext.P7 and to take an appropriate decision, after affording an opportunity of personal hearing to the petitioner, at the earliest possible, at any rate within a period of three months from the date of receipt of a copy of this judgment.
4. Till such time a decision is taken on Ext. P7, the recovery proposed shall be kept in abeyance, in view of the interim order already granted by this court. C.K.ABDUL REHIM, JUDGE pmn/ WPC.26867/2013 3