IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2959 of 2007()
1. STATE OF KERALA
... Petitioner
2. THE DEPUTY DIRECTOR OF EDUCATION
3. THE ACCOUNTANT GENERAL ( A& E) KERALA
Vs
1. P.ABDULLA, HIGH SCHOOL ASSISTANT,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.CHERIAN VARGHESE
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :16/09/2008
O R D E R
J. B. KOSHY &
K. P. BALACHANDRAN, JJ.
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W. A. No.2959 of 2007
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Dated this the 16th day of September, 2008
JUDGMENT
Koshy, J
Respondent/Petitioner was an Arabic
teacher in Government Service. He was granted
leave without allowance for study purpose for
129 days from 17/11/1976 to 25/03/1977. By
Ext.P1 order Government considered the
representations and ordered that the leave
without allowance availed of by the teachers
for completion of their training course would
be reckoned for the purpose of increment,
higher grade and for all other service
benefits. According to them, vide Ext.P2 the
above benefits were granted to the petitioner
also.
2. It is the case of the respondent/
petitioner that there were five pay revisions
W. A. No.2959 of 2007 -2-
after he joined the service (1978, 1983, 1988,
1993 and 1997) and he should be allowed the
benefit of re-option also in all the pay
revisions. He was on leave without allowance
only for 129 days. By getting service
benefits, there is no question of extension of
time for re-option. As per the wage revision,
he had already submitted option. The 129 days
was not taken into account while carrying out
the option. In the circumstances, he is
entitled to count the above period also for
calculating pensionary benefits and pay on the
basis of his already exercised option and re-
option as the case may be. If the above
benefit is not implemented he can work out his
remedy. There is no question of granting time
for re-option again.
3. It is also submitted by the Government
Pleader that a large number of teachers got
the benefit of Ext.P1 and nobody was given the
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benefit of re-option again and Exts.P1 and P2
are only benefits conferred by the Government
and that is not a right to get re-option at
this distance of time as time for exercising
option and re-option in the pay revisions were
already over.
4. The Writ Appeal is allowed
accordingly.
J. B. KOSHY
JUDGE
K.P.BALACHANDRAN,
JUDGE
kns/-