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M.CHATHUKUTTY (RETIRED HEADMASTER versus STATE OF KERALA

High Court of Kerala

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M.CHATHUKUTTY (RETIRED HEADMASTER v. STATE OF KERALA - WP(C) No. 24421 of 2004(G) [2006] RD-KL 3070 (11 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24421 of 2004(G)

1. M.CHATHUKUTTY (RETIRED HEADMASTER
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. THE ACCOUNTANT GENERAL (A & E),

3. THE DY. DIRECTOR OF EDUCATION, KANNUR.

4. THE ASST. EDUCATIONAL OFFICER,

For Petitioner :SRI.MVS.NAMBOOTHIRY

For Respondent :SRI.JOHN VARGHESE, SCGSC

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :11/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P.(C).No.24421 OF 2004

Dated this the 11th day of December, 2006



J U D G M E N T

In the matter of exercise of re-option petitioner submitted a representation before the Government. The same was turned down as per Ext.P7 stating only that "as per existing orders your request cannot be considered". It is not clear from the impugned order as to what was the existing order. Learned counsel for the petitioner submits that if an opportunity is given before the Government, he would be in a position to point out similar instances where re-options were permitted and the entire eligible DCRG disbursed without any recovery. Since no reasons are stated by the Government in the impugned Ext.P7 order, the same is quashed making it clear that in the event of the petitioner filing an appropriate representation before the Government, the matter will be duly considered by the Government and an order thereon will be passed adverting to the contentions taken by the petitioner and without discriminating the petitioner within a period of four months form the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ps


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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