(1.) Heard learned Senior Counsel Sri. K. Gopalakrishna Kurup as well as the Standing Counsel for the respondents. It is not in dispute that the appellant writ petitioner was working as Administrative Officer (Marketing) in United India Insurance Company Limited, Kollam branch. In the year 2003 a new scheme was brought, vide Ext.P1, by way of amendment General Insurance (Rationalisation of Pay Scales and Other Conditions of Service of Development Staff) Scheme, 1976. As per this Scheme there were options that could be exercised. Two options which are at paragraph 15C reads as under: -
(2.) Reading of the above conditions would indicate, if a Development Officer who did not desire to exercise any of the options under sub-section (1) within the stipulated period of 60 days, he/she shall continue to render services as such under the General Insurance (Rationalisation of Pay Scales and Other Conditions of Service of Development Staff) Amendment Scheme, 2003.
(3.) It is not in dispute that initially on 27.2.2003 appellant exercised option for the post of Development Officer (Administration) in the company and again by letter dated 12.3.2003, he withdrew the said option. However, before 20.3.2003, extended last date for exercising option, no orders came to be passed accepting his option; but his withdrawal of option dated 12.03.2003 was rejected on 16.4.2003 followed by another letter dated 22.5.2003.