STATE OF KERALA Vs. LISSY JOSEPH M

JUDGEMENT

(1.) The issues to be decided in all these writ appeals and in the writ petition are one and the same. When petitioners exercised reoptions under the 1992 pay revision order, it was rejected on the ground that grade promotions were sanctioned after the cut off date, i.e., 31-5-1996. Scale, of pay of State Government employees and teachers were revised with effect from 1-3-1992. Rules for fixation of pay in the revised scale were incorporated as Annexure to G.O.(P) 600/93/Fin. dated 25-9-1993. By Government Order dated 8-12-1993, Government made it clear that "if an employee wishes to opt the revised scale of pay of his promoted post to which he was promoted on or after 1-3-1992 he will be permitted to opt the revised scale of the promoted post with effect from the date of promotion and his pay in the revised scale fixed on the basis of the pay he drew in the pre revision scale of the promoted post on that date." But, it was also stipulated that "this will not be applicable in the case of those who exercise option in the promoted post on the date of promotion on or after 1-3-1992." In view of the representations of the employees, relaxations were given and further benefits were given. Finally, by G.O.(P) No. 399/99/178/Fin. dated 5-2-1999, Government accorded "permission to exercise option/reoption to those employees, who could not exercise option/reoption for time bound higher grades sanctioned on or after 1-3-1992, due to the prevalence of cut off date. Such option/reoption will be exercised within a period of three months from the date of this order." Even though it was withdrawn by order dated 30-4-1999, by G.O.(P) No. 1503/99/(180)/Fin. dated 22-6-1999, Government ordered that applications submitted by employees between 5-2-1999 and 4-5-1999 will be entertained. There is no dispute with regard to the facts that all petitioners exercised reoption within this extended time. Similar employees were granted the benefit on such reoption in O. P. No. 20280 of 2001. The above decision was affirmed in W.A.No. 2293 of 2002. Now, that is accepted by the Government.

(2.) The only dispute to be resolved in these appeals is whether arrears consequent on reoption of higher grades are admissible from the date of effect of reoption or from the date of filing of reoption. The learned Judge held that they are entitled to get the arrears from the date of effect of reoption and the amount which they are entitled to get by way of higher emoluments in between the date of reoption and the date of exercise of reoption need not be paid in cash a arrears and the same can be utilized to set off excess amount which the employee has to refund on account of reoption. The learned single Judge considered various circulars issued by the Government and then finally the Government order dated 28-6-1997 and clarifications issued by the Principal Secretary to Government dated 3-11-2000 and held as follows:

(3.) In G.O.(P) No. 206/2003/Fin. dated 5-4-2003 issued in implementation of the judgment in O. P. No. 20280 of 2001 also, it is stated at para 6 as follows: