IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 23246 of 2009(A) -------------------------- PETITIONER(S): --------------- ASEENA P.B., P.D.TEACHER, G.M.B.H.S.SCHOOL, IRINJALAKUDA, THRISSUR. BY ADV. SRI.TOJAN J. VATHIKULAM SMT.BEENA JOHN RESPONDENT(S): --------------- 1. STATE OF KERALA - REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. ASSISTANT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23246/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of August, 2009 J U D G M E N T While the petitioner was working as P.D. Teacher, she was selected for B.Ed course during the academic year 2003-04 under the departmental quota. The petitioner has undergone the course at Government Institute of Advanced Study in Education, Thrissur. After joining the course, the petitioner had applied for leave to undergo the course and, sanction was granted as per order dated 10/02/2005. The said order is produced as Ext.P1. The petitioner is granted half pay leave for 110 days from 08/07/2003 to 25/10/2003 as per Rule 82 and leave without allowance for 158 days from 26/10/2003 to 31/03/2004 for study purpose under Rule 88 of Part I, K.S.R. The challenge is against the further condition that the Leave Without Allowance period will not count for any service benefits including pension. 2. It is submitted by the learned counsel for the petitioner that the issue is covered in favour of the petitioner in the light of the Division Bench judgment produced as Ext.P3 herein in W.A.No.2734/2007 and connected cases, dated 14/01/2009. The petitioner has already moved the Government as per Exts.P2 and P4 to delete the impugned condition. W.P.(C). No.23246/2009 -:2:- 3. In similar circumstances, by Ext.P3 judgment, this Court found that the leave period has to be reckoned for the purpose of increments and pensionary benefits under third proviso to Rule 33(b)(2) of Part I, K.S.R. 4. There will be a direction to the first respondent to take a decision on Exts.P2 and P4 within four months from the date of receipt of a copy of this judgment. Appropriate orders shall be passed after considering the dictum laid down in Ext.P3. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms