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BABY VARGHESE.C.V. versus THE STATE OF KERALA REPRESENTED BY

High Court of Kerala

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BABY VARGHESE.C.V. v. THE STATE OF KERALA REPRESENTED BY - WP(C) No. 4234 of 2004(D) [2007] RD-KL 11969 (4 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4234 of 2004(D)

1. BABY VARGHESE.C.V.,
... Petitioner

Vs

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

2. THE ACCOUNTANT GENERAL (A & E) KERALA

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE HEADMASTRES,

For Petitioner :SRI.V.A.MUHAMMED

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :04/07/2007

O R D E R

KURIAN JOSEPH J. W.P.(C) No.4234 of 2004 Dated 4th July, 2007.

J U D G M E N T

Petitioner approached this Court with certain grievances regarding the objection taken to the fixation of pay on the basis of the option made as per G.O.(P) No.399/99/Fin. dated 5.2.1999. In several judgments, this Court has held that the option exercised by the incumbents based on the said Government Order should be treated to be in order since that was the order prevailing at that time. One such judgment is in O.P.No.20280/01. The impugned proceedings are quashed. Since it is also settled position that the incumbents are entitled to have the date of effect of making the re-option, the grievance in that regard also will be looked into and the petitioner shall be given the benefit based on the date of effect of the re-option as opted by the petitioner, within three months from the date of production of a copy of the judgment. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J.

O.P. NO. OF 200

J U D G M E N T

Dated 4th July, 2007.


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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