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A.J.MARY, AGED 53 YEARS versus THE STATE OF KERALA

High Court of Kerala

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A.J.MARY, AGED 53 YEARS v. THE STATE OF KERALA - WP(C) No. 38881 of 2003(D) [2006] RD-KL 3288 (13 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 38881 of 2003(D)

1. A.J.MARY, AGED 53 YEARS,
... Petitioner

Vs

1. THE STATE OF KERALA,
... Respondent

2. THE DEPUTY DIRECTOR OF EDUCATION,

3. THE ASSISTANT EDUCATIONAL OFFICER,

For Petitioner :SRI.ESM.KABEER

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :13/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No.38881 of 2003 Dated 13th December, 2006.

J U D G M E N T

Petitioner approached this Court aggrieved by Ext.P4 audit objection. The crux of the audit objection is that the petitioner exercised reoption for 1992 pay revision only on 12.2.1996 and based on a Government letter dated 26.12.1995. The reoption was accepted also. But is stated in the counter affidavit that the said Government letter did not permit reoption, the same was only a clarification with regard to the monetary benefits pursuant to the reoption in terms of G.O.(P)380/94. But the fact remains that as per Ext.P4 Government Order, G.O(P) 615/96/(110)/Fin dated 3.10.1996, the reoption for 1992 pay revision is permissible. Petitioner has also refunded the benefits already received as per Ext.P3. Therefore, though technically the objection is valid, since reoption is otherwise permissible by a subsequent Government Order, it is declared that the objection need not be pursued. The writ petition is allowed as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2002

J U D G M E N T

Dated 13th December, 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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