High Court Kerala High Court

N.Nirmala vs State Of Kerala on 13 July, 2007

Kerala High Court
N.Nirmala vs State Of Kerala on 13 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 6336 of 2003(D)


1. N.NIRMALA, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY CHIEF SECRETARY
                       ...       Respondent

2. SECRETARY, FINANCE DEPARTMENT (PRU)

3. DEPUTY DIRECTOR OF EDUCATION, PALAKKAD.

4. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA.

5. ACCOUNTANT GENERAL (A&E), KERALA,

                For Petitioner  :SRI.M.P.KRISHNAN NAIR

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :13/07/2007

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                        O.P.No.6336 OF 2003
                  -------------------------------------------
               Dated this the 13th day of July, 2007


                              JUDGMENT

Heard.

2. The case put forward by the petitioner for an opportunity

to exercise re-option with effect from 1.7.1995 apparently stands

answered, in so far as the questions of law are concerned, by

Ext.P11 judgment, as confirmed by the Division Bench as per

Ext.P12. Accordingly, this writ petition is disposed of directing

that the impugned orders will not be relied on against the

petitioner and she will be entitled to exercise re-option with

effect from 1.7.1995 and in terms of Exts.P11 and P12

judgments. The recovery order, as it stands now, is hereby

quashed and the respondents are directed to finalise the case of

the petitioner, including the grant of retiral benefits, within an

outer limit of three months from the date of receipt of a copy of

this judgment.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.

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THOTTATHIL B. RADHAKRISHNAN, J

O.P.NO.6336 OF 2003

JUDGMENT

13TH JULY, 2007.

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