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SMT. SULOCHANA versus STATE OF KERALA

High Court of Kerala

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SMT. SULOCHANA v. STATE OF KERALA - OP No. 5681 of 2003(B) [2006] RD-KL 2055 (28 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 5681 of 2003(B)

1. SMT. SULOCHANA, HEADMISTRESS,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. THE SENIOR ACCOUNTS OFFICER,

3. THE DEPUTY DIRECTOR OF EDUCATION,

For Petitioner :SRI.R.K.MURALEEDHARAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :28/11/2006

O R D E R

KURIAN JOSEPH, J.

O.P.No.5681 OF 2003

Dated this the 28th day of November, 2006



J U D G M E N T

What is the date of effect of re-option is the crucial question. It has been settled by this court that the re-option is to take effect from the date of effect of the option and not from the date of making the option, in the decision of this court reported in State of Kerala v. Lissy Joseph [2005(4)KLT SN 97]. Learned Government Pleader submits that the matter is now pending before the Supreme Court. Be that as it may, as things stands now, the position is in favour of the petitioner. Ext.P2 objection is hence quashed. However, it is made clear that depending on the decision of the Supreme Court, if required, it will be open to the respondents to take appropriate action in accordance with law. But the pendency of the decision of the Supreme Court shall not be a reason for withholding the benefits. If any benefits have been withheld, the same shall be disbursed within a period of one month from the date of production of a copy of this judgment. The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ps O.P.No. :2:

KURIAN JOSEPH, J.

O.P.NO.5681/2003

JUDGMENT

28th November, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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