IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 29988 of 2007(T) -------------------------------------- PETITIONER: ------------------- NISHA P.NAIR, NON VOCATIONAL TEACHER IN ENGLISH, S.R.V.N.S.S., V.H.S.S. CHIRAKKADAVU, THEKKETHUKAVALA P.O. - 686 519. BY ADVS. MR.MATHEW JOHN (K), MR.AJEESH K.SASI. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT (GENERAL EDUCATION DEPARTMENT) DIRECTORATE OF VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM. BY SR.GOVERNMENT PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29988/2007-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 03/07/2004 SANCTIONING LEAVE TO THE PETITIONER. EXT.P.2: COPY OF THE CERTIFICATE DTD. 01/06/2005. EXT.P.3: COPY OF THE GOVERNMENT ORDER DTD. 15/03/2003. EXT.P.4: COPY OF THE JUDGMENT DTD. 22/02/2006 IN W.P.(C).NO.26782/2006. EXT.P.5: COPY OF THE ORDER DTD. 20/07/2006. EXT.P.6: COPY OF THE ORDER DTD. 23/03/2007. EXT.P.7: COPY OF THE JUDGMENT DTD. 24/05/2007 IN W.P.(C).NO.15681/2007. EXT.P.8: COPY OF THE ORDER DTD. 10/09/2007 BY THE RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.Ravindran, J. ================== W.P.(C) No.29988 of 2007 ===================== Dated this the 2nd day of April, 2009. JUDGMENT Heard Sri. Mathew John, the learned counsel appearing for the petitioner and Smt. A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner is a Non Vocational Teacher in English. By Ext.P1 order dated 3.7.2004 she was granted leave without allowances from 1.7.2004 to 25.3.2005 for the purpose of undergoing the B.Ed. degree course subject to the condition that leave period will not count for service benefits including pension. After the petitioner completed the course, she moved the Government to dispense with the stipulation in Ext.P1 that leave period will not count for service benefits including pension. That request was rejected by the Government by Ext.P8 order dated 10.9.2007 holding that since the B.Ed degree is an essential qualification, the request made by the petitioner cannot be equated to the case of the petitioner in W.P.(C) No.26782 of 2005 which was disposed of by Ext.P4 judgment. Ext.P8 is under challenge in this Writ Petition. 3. In Ext.P4 judgment a learned Single Judge of this Court held that the leave without allowances availed by the petitioners therein for the purpose of undergoing B.Ed. degree course can be reckoned for the WP(C) 29988/07 -: 2 :- purpose of increments and other service benefits, if they are not otherwise ineligible. The decision of the learned Single Judge in Ext.P4 was affirmed by the Division Bench of this Court. Ext.P4 judgment has become final. A similar view was taken by another Division Bench of this Court in W.A.No.1935 of 2008, wherein it was held that leave without allowances availed by teachers for the purpose of undergoing the B.Ed. degree course can be reckoned for the purpose of grant of increments and pension. In view of the decision of the Division Bench of this Court in W.A. No.1935 of 2008, Ext.P8 cannot be sustained. It is accordingly quashed. The stipulation in Ext.P1 that the leave without allowances sanctioned thereunder will not count for the purpose of service benefits including pension is also quashed. The respondents are directed to reckon the leave period for the purpose of grant of increments and other service benefits. Orders in that regard shall be passed within three months from today. Disbursement of arrears of monetary benefits shall be made within another three months thereafter. The Writ Petition is allowed as above. P.N.Ravindran, Judge. ess