SULOCHANA Vs. STATE OF KERALA

JUDGEMENT

(1.) WHAT is the date of effect of re-option is the crucial question. It has been settled by this court that the re-option is to take effect from the date of effect of the option and not from the date of making the option, in the decision of this court reported in State of Kerala v. Lissy Joseph [2005(4)KLT SN 97]. Learned Government Pleader submits that the matter is now pending before the Supreme Court. Be that as it may, as things stands now, the position is in favour of the petitioner. Ext.P2 objection is hence quashed. However, it is made clear that depending on the decision of the Supreme Court, if required, it will be open to the respondents to take appropriate action in accordance with law. But the pendency of the decision of the Supreme Court shall not be a reason for withholding the benefits. If any benefits have been withheld, the same shall be disbursed within a period of one month from the date of production of a copy of this judgment. The writ petition is disposed of as above.