IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 3350 of 2008(W) ----------------------------------- PETITIONER(S): ---------------------- ABY PAUL, S/O POULSON, AGED 36, HIGHER SECONDARY SCHOOL TEACHER, LATIN CHURCH ROAD, TRICHUR. BY ADV. SRI.K.S.MENON RESPONDENT(S): ------------------------ 1. THE SECRETARY, GOVERNMENT EDUCATION DEPARTMENT, SECRETARIAT KERALA STATE, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, C.S.HIGHER SECONDARY SCHOOL, THRISSUR. SR. GOVT. PLEADER SMT. T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 3350/2008 W APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE ORDER DT. 15/07/98. EXT.P2. COPY OF THE ORDER DT. 5/11/98. EXT.P3. COPY OF THE ORDER DT. 16/2/00. EXT.P4. COPY OF THE ORDER DT. 6/10/01. EXT.P5. COPY OF THE ORDER DT. 2/1/2008. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.3350 of 2008 -------------------------------------- Dated 24th March, 2009 JUDGMENT The issue raised in this writ petition is covered in favour of the petitioner by the decision of the Division Bench of this Court in W.A.No.2734 of 2007 and connected cases. By the said judgment, the Division Bench held that leave without allowances availed by teachers prior to 11.5.2005 for the purpose of undergoing the B.Ed. Degree course will count for the purpose of grant of increments and pension. In view of the said decision, Ext.P5 is quashed and the respondents are directed to count the period of leave availed by the petitioner for undergoing the B.Ed. Degree course for the purpose of grant of increments and pension. Necessary orders regarding sanctioning of increments shall be issued within three moths from the date of receipt of a copy of this judgment. Consequential re-fixation of pay shall be made and arrears disbursed within another period of three months thereafter. The writ petition is allowed as above. No costs. P.N.RAVINDRAN Judge TKS