Allowed

Anandavally v. State of Kerala

Kerala HC15 Mar 2019WP(C)/19098/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition by a Government employee seeking permission to exercise re-option for the 2009 pay revision, noting that his request for the 2004 revision had already been granted via a subsequent order.

What did the court decide?

Direction to the competent authority to consider the petitioner's request for exercise of re-option with respect to the pay revision of 2009 and grant consequential benefits, if any.

Anandavally Vs State of Kerala — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940

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WP(C).No. 19098 of 2018

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PETITIONER/S:

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ANANDAVALLY

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W/O.K.RAJAN, AGED 56 YEARS, (RESIDING AT AISWARYA, KUNNIRIKKA,PATHIRIYAD P.O., VIA PINARAYI, KANNUR - 670741)

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BY ADVS. SRI.T.T.MUHAMOOD SRI.A.MOHAMMED SAVAD SRI.A.RENJIT SRI.C.Y.VINOD KUMAR SRI.JAYENDRAN KOCHOTH SRI.V.E.ABDUL GAFOOR

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RESPONDENT/S:

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1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001

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2 THE DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF DPI, JAGATHY, THIRUVANANTHAPURAM-695014.

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3 THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, THIRUVANANTHAPURAM - 695014.

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4 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DDE, KANNUR - 670612.

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5 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DEO, KANNUR - 670612.

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6 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KANNUR - 670612.

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BY SRI.N.B.SUNILNATH, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19098 of 2018

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JUDGMENT

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This writ petition is filed seeking the

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issue of a writ of certiorari against Ext.P6 Government Order and for a direction to the respondents to permit the petitioner to exercise reoption, with respect to 10/16/22 years of service

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for the purpose of higher grade and pay revision, of the years 2004 and 2009.

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Today, when the matter is taken up, the

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learned counsel for the petitioner submitted that by Ext.P10, his request for exercising re-option has been allowed with respect to the 2004 pay revision,

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w.e.f 21.11.2006 in terms of the Government Order G.O.(P)No.96/2018/Fin. dated 22.06.2018.

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In view of the fact that the petitioner has

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been permitted to exercise his re-option with respect to the pay revision of the year 2004, it is only reasonable that the petitioner's request for exercising re-option with respect to the year 2009 is also considered.

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WP(C).No. 19098 of 2018

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Therefore, this writ petition is disposed of, with a direction to the competent among the respondents, to consider the petitioner's request for exercise of re-option with respect to the pay

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revision of 2009, if so required, and to grant the consequential benefits, if any.

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This writ petition is disposed of as above.

Sd/-

V.G.ARUN JUDGE

SMA

WP(C).No. 19098 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXT.P1: COPY OF THE LETTER NO.OA1(6)19698/14 DATED 19/10/2014 WITH RELEVNA PARA OF AUDIT REPORT ISSUED BYT HE R3 KANNUR WITH TYPED COPY. EXT.P2: COPY OF THE JUDGMENT DATED 17/6/2016 IN WPC NO. 20580/2016 EXT.P3: COPY OF G.O(RT) NO. 5379/2015/G.EDN DATED 16/11/2015. EXT.P4: COPY OF G.O(RT)NO.1288/2015 /G.EDN DATED 30/3/2015 EXT.P5: COPY OF GO(RT)NO.5623/2014/G.EDN DATED 19/12/2014 EXT.P6: COPY OF GO(RT)NO.104/2017/G.EDN DATED 18/1/2017 EXT.P7: COPY OF THE PAGE NO.9 OF THE SERVICE BOOK OF THE PETITIONER EXT.P8: COPY OF REVIEW PETITION DATED 27/2/2017 TO THE PETITIONER BEFORE THE GOVERNMENT. EXT.P9: TRUE COPY OF CIRCULAR NO.58/18/FIN.DATED 23.06.2018. EXT.P10: TRUE COPY OF LETTER DATED 02.11.2018 SENT BY THE HEADMISTRESS OF THE PETITIONER'S SCHOOL TO THE DISTRICT EDUCATIONAL OFFICER.

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RESPONDENT(S)' EXHIBITS :- NIL

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SMA

Anandavally v. State of Kerala

Case brief

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Anandavally v. State of Kerala

Case brief

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