IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 20405 of 2009(U) -------------------------- PETITIONER(S): --------------- SHEENA.V.V., W/O.SASIDHARAN P.V. RESIDING AT PULIMPARAMBA, TALIPARAMBA VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT. (PD TEACHER GLP SCHOOL OLAT, KASARAGOD DISTRICT.) BY ADV. SRI.K.SANEESH KUMAR RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY TO GOVT., FINANCE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE ASST.EDUCATIONAL OFFICER, CHERUVATHUR, POST CHERUVATHUR, KASARGOD DISTRICT-671 313. 3. THE DEPUTY DIRECTOR OF EDUCATION KASARAGOD, CIVIL STATION, POST VIDYANAGAR, KASARAGOD-671 173. BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20405 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2009. JUDGMENT The petitioner herein is working as a P.D. Teacher in the Govt. L.P. School, Olat, in Kasaragod District. She was appointed through the Public Service Commission on 13.1.1993. Prior to 13.1.1993, she had rendered provisional service through Employment Exchange as P.D. Teacher for a period of 8 months and 28 days in the following schools: Govt. High Schoo, Bekal - 22.9.1987 to 15.12.1987 Govt. L.P. School, Arikady - 4.6.1988 to 22.8.1988 Govt. U.P. School, Padne - 22.11.1988 to 13.12.1988 Govt. L.P. School, Kumbla - 3.1.1989 to 30.3.1989 2. The petitioner has got a case that based on the provisional service, she is entitled for the first increment on 15.4.1993 and even though a request was made, that was declined to be forwarded. In these circumstances, the petitioner has filed Ext.P2 representation before the first respondent claiming the benefit of increment, after counting the provisional service. 3. Reliance is placed on the Full Bench decision of this court in State wpc 20405/2009 2 of Kerala v. Ponnamma (2005 (4) KLT 987). It is contended that in the light of the dictum laid down by the Full Bench in the above decision, the provisional service is liable to be counted. 4. There will be a direction to the first respondent to consider the request contained in Ext.P2 and pass appropriate orders in accordance with law, after adverting to the dictum laid down in State of Kerala v. Ponnamma (supra), within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/