K. RAJASREE Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THE petitioner challenges Ext. P4 order dated 05.12.2009 whereby the 1st respondent rejected the prayer of the petitioner for exercising a re -option with effect from 01.06.2006. The brief facts necessary for a disposal of the writ petition are as follows:

(2.) IN an audit objection that was raised by the authorities under the KER, it was suggested that the H.M. Scale, that was granted to the petitioner with effect from 15.03.2001, was wrongly given since, on reckoning her service from 02.06.1986, she would have completed 15 years of service only on 02.06.2001. It was accordingly felt that the petitioner had been wrongly granted the H.M. Scale with effect from 15.03.2001. When steps were therefore initiated to recover the monetary loss that had resulted from grant of H.M. Scale to the petitioner with effect from 15.03.2001, the petitioner approached the respondent with a prayer for permission to exercise the re -option, under the 2004 pay revision, with effect from 01.06.2006 in lieu of 01.04.2006 that she had opted for earlier. It is this prayer of the petitioner that was rejected by the 1st respondent in Ext. P4 order on the ground that there was no change in the scale of pay pertaining to the petitioner which would justify the grant of a permission to the petitioner to change the date of her re -option for the purposes of 2004 pay revision. Ext. P4 order is impugned in the writ petition.

(3.) I have heard Smt. Nisha Bose, the learned counsel appearing on behalf of the petitioner and the learned Government Pleader appearing on behalf of the respondents.