IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1781 of 2004()
1. THE SECRETARY TO GOVERNMENT, GENERAL
... Petitioner
2. THE ACCOUNTANT GENERAL,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE ASSISTANT EDUCATION OFFICER,
Vs
1. P.A.ISMAIL S/O. P.K.ABDUL RAHIMAN,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.ESM.KABEER
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :14/07/2008
O R D E R
J.B.KOSHY & P.N.RAVINDRAN, JJ.
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W.A.NO.1781 OF 2004 ()
&
C.M.APPLN.NO.1958 OF 2004
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Dated this the 14th day of July, 2008
J U D G M E N T
KOSHY,J.
For the reasons stated in the affidavit, delay is condoned.
Petitioner entered service as a P.D.teacher in
Government Lower Primary Girls School, Pathanamthitta.
His regular service started with effect from 31.7.1974.
Petitioner had provisional service of two years, two months
and nine days. Taking into account the provisional service, he
was granted annual increments as per order No.K.Dis.729/86
dated 10.2.1986, and by Ext.P1, his pay was fixed. After a
lapse of more than eight years, objections were raised and
petitioner was asked to repay the excess pay. The learned
Single Judge after considering the Government Order dated
10.2.1986 and also as per the decision in Hussain v. Kerala
W.A.NO.1781 OF 2004 ()
&
C.M.APPLN.NO.1958 OF 2004
2
Water Authority (1996 (2) KLT 555) held that petitioner is
entitled to increments taking into account of the provisional
service. We see no ground to interfere in the above. We also
note that he has exercised re-option as per Government Order
dated 5.2.1999 and he got the benefit of re-option from the
date of entitlement as held in the judgment in
O.P.No.8951/2002 and connected cases. Same view was also
accepted in State of Kerala and Others v. Lissy Joseph M.
(2006 (1) KLJ 566). The objection itself was raised after
eight years. In these circumstances, we fully agree with the
views of the learned Single Judge, and hence, this appeal is
dismissed.
J.B.KOSHY, JUDGE
P.N.RAVINDRAN, JUDGE
prp
W.A.NO.1781 OF 2004 ()
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C.M.APPLN.NO.1958 OF 2004
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J.B.KOSHY & P.N.RAVINDRAN, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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26th May, 2008