IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 24893 of 2000(L)
1. S.GOURI
... Petitioner
Vs
1. THE SECRETARY TO GOVT
... Respondent
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :06/06/2007
O R D E R
KURIAN JOSEPH, J.
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O.P.No.24893 of 2000
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Dated this the 6th day of June, 2007
JUDGMENT
The issue raised in this writ petition pertains to the option
exercised by the writ petitioner on the basis of Ext.P1 government
order dated 5-2-1999. In several writ petitions this court has held that
the option exercised by the incumbent on the basis of the instructions
in the said government order shall not be interfered with and that the
option thus exercised will be treated as valid. One such judgment is
dated 11-3-2002 in O.P.No.20280/2001. The monetary benefits, it is
now settled law, should be from the date of effect of the reoption and
not from the date of making the reoption, in view of the decision
reported in State of Kerala v. Lissy Joseph, 2005(4) KLT SN 97. For
parity of reasons this writ petition is disposed of quashing the
impugned orders and declaring that the petitioner shall be permitted to
have validly exercised the option on the basis of Ext.P1 government
order.
(KURIAN JOSEPH, JUDGE)
ahg.
KURIAN JOSEPH, J.
O.P.NO.24893/2000
JUDGMENT
6th June, 2007