IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 24561 of 2008(Y) ------------------------------------- PETITIONER(S): ----------------------- 1. PADMAKUAR T, HSST, M.V.H.S.S. ARUMANOOR, POOVAR, THIRUVANANTHAPURAM. 2. RAJA SINGH R., HSST, M.V.H.S.S. ARUMANOOR, POOVAR, THIRUVANANTHAPURAM. 3. LALITHA P., HSST,SNDP YOGUM HSS, MUTTATHAKONAM, THIRUVANANTHAPURAM. 4. REKHA A.R., HSST, RRV HSS FOR GILRS, KILIMANOOR. 5. SAJILA N, HSST, RRV HSS FOR GILRS, KILIMANOOR. 6. ROBIN C, HSST, BNVV AND HSS, THIRUVALLAM THIRUVANANTHAPURAM. 7. SANDHYA RANI R., HSST, RRV HSS FOR GIRLS, KILIMANOOR, THIRUVANANTHAPURAM. 8. ANITHA KUMARI S., HSST, RRV HASS FOR GILRS, KILIMANOOR, THIRUVANANTHAPURAM. 9. KRISHNA KUMAR K.B., HSST, MR MIKMM HSS EDAVA. 10. JESSY ABRAHAM, HSST, ST.JOHN'S HSS ERAVIPEROOR. 11. ANTONEY P., HSST, ST. JOHN'S HSS, THIRUVANANTHAPURAM. W.P.(C) NO.24561/2008 12. VIJU V.S. HSST, ST.JOSEPH'S HSS,THIRUVANANTHAPURAM. 13. JOSEPH V.T., HSST, ST.JOSEPH'S HSS,THIRUVANANTHAPURAM. 14. JOSE LOPEZ, HSST, ST.JOSEPH'S HSS,THIRUVANANTHAPURAM 15. ELIZABETH PHILIP, HSST BALIKAHAMATOM HSS, THIRUVALLA, PATHANAMTHITTA. 16. ANIL G.R., HSST PKS HSS, KANJIRAMKULAM, THIRUVANANTHAPURAM. BY ADV. MR.BENOY THOMAS RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM -1. 3. REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, REGIONAL DIRECTORATE, THIRUVANANTHAPURAM. BY GOVT. PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24561/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPIES OF THE APPROVAL ORDERS OF THE PETITIONERS. P2:- COPIES OF THE ORDERS ISSUED BY THE GOVERNMENT GRANTING LEAVE TO THE PETITIONERS. P3:- COPY OF THE GO(RT) NO.102/04.GEN. EDN. DT. 7.1.04. P4(a):- COPY OF THE GO(RT) NO.1034/04/GEN. EDN. DT. 10.3.04. P5:- COPY OF THE MINUTS OF THE REGIONAL DEPUTY DIRECTORS DT. 24.1.08. P6:- COPY OF THE INTIMATION GIVEN TO THE RDD TRIVANDRUM BY THE PRINCIPAL OF THE 6TH AND 7TH PETITIONERS SCHOOL. P6(a):- COPY OF THE ORDER PASSED BY THE RDD. P7:- COPY OF THE GO(P) NO.217/05/GEN. EDN. DT. 11.5.05. P7(a):- COPY OF THE CIRCULAR DT. 3.6.02 ISSUED BY THE GOVERNMENT . P7(b):- COPY OF THE DECISION REPORTED IN 2007(1) KLT 71 (DEEPIKA VS, STATE OF KERALA). P7(c):- COPY OF THE JUDGMENT DT. 22.2.06 IN WPC. 26782/06 AND IMPUGNED ORDER NO.75064 /T3/06/EDN, DY. 20.4.07. P7(d):- COPY OF THE GOVERNMENT ORDER DT. 10.8.07. P7(e):- COPY OF THE GOVERNMENT PROCEEDINGS DT. 19.11.05. P7(f):- COPY OF THE JUDGMENT IN WPC. NO.10469/06. P7(g):- COPY OF THE IMPUGNED ORDER NO.75064/7B 2006 G.EDN. DT. 20.4.07. P7(h):- COPY OF THE JUDGMENT IN WPC. 21992/06 OF THE HIGH COURT OF KERALA. P8:- COPY OF THE GO DT. 6.1.08. TRUE COPY P.S. TO JUDGE TSS P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.24561 of 2008 -------------------------------------- Dated 3rd April, 2009 JUDGMENT The petitioners are Higher Secondary School Teachers. Petitioners 1 to 5, 9, 10, 12 and 16 applied for and were granted leave without allowances for the purpose of undergoing the B.Ed Degree course after 11.5.2005. The leave applied for was granted subject to the condition that the period of leave without allowances will not count for any service benefit including pension and will be so recorded in their service books. The sixth petitioner applied for leave without allowances to undergo the B.Ed Degree course during the period from 10.1.2005 to 15.10.2005, the seventh petitioner during the period from 28.6.2004 to 31.5.2005, the eighth petitioner during the period from 2.8.2004 to 31.5.2005, the 13th petitioner during the period from 17.1.2005 to 17.11.2005, the 14th petitioner during the period from 2.8.2004 to 31.5.2005 and the 15th petitioner during the period from 28.6.2004 to 31.5.2005. They were granted leave without allowances subject to the condition that the period of leave without allowances will not count for any service benefit including pension and will be so recorded in their service books. The 11th petitioner was granted leave without allowances to undergo the B.Ed Degree course during the period from 1.6.2001 to 30.11.2001. WP(C).No.24561/2008 2 2. The main grievance voiced by the petitioners is regarding the stipulation in the leave sanctioning orders that the leave without allowances availed by them to undergo the B.Ed Degree course will not be reckoned for any service benefit including pension. 3. A Division Bench of this Court has in W.A.No.2734 of 2007 and connected cases held that leave without allowances availed by teachers prior to 11.5.2005 for the purpose of undergoing the B.Ed Degree course can be reckoned for the purpose of grant of increments and pension. As regards petitioners 6, 7, 8, 13, 14 and 15, a portion of the leave availed by them falls beyond 11.5.2005. As regards petitioners 1 to 5, 9, 10, 12 and 16, the leave itself was applied for after 11.5.2005 with effect from which date the third proviso to Rule 33(b)(2) of Part I of the Kerala Service Rules was deleted. Therefore, only the 11th petitioner can claim the benefit of the decision of the Division Bench of this Court in W.A.No.2734 of 2007 and connected cases. In view of the said decision, I direct the official respondents to reckon the leave without allowances availed by the 11th petitioner during the period from 1.6.2001 to 30.11.2001 for the purpose of undergoing the B.Ed Degree course, for all service benefits including increments and pension. WP(C).No.24561/2008 3 4. Though the third proviso to Rule 33(b)(2) of Part I of the KSR stands deleted with effect from 11.5.2005, the existing second proviso empowers the Government to relax the rigour of the rules and to permit leave without allowances availed by teachers to be reckoned for the purpose of grant of service benefits including increments and pension. Besides the aforesaid grievance relating to reckoning of the leave without allowances availed by them for the purpose of undergoing B.Ed Degree course, the petitioners also seek regularization of their services with effect from the date on which they joined duty with all attendant benefits. In my opinion, except the 11th petitioner who is entitled to have the period of leave without allowances availed by him to undergo the B.Ed Degree course reckoned for the purpose of grant of increments and other service benefits including pension, the other petitioners have to move the Government claiming the benefit of the existing second proviso to Rule 33(b)(2) by filing separate representations wherein, they can also seek the relief prayed for by them in prayer Nos.3 and 4 in this writ petition. 5. I accordingly dispose of this writ petition with a direction that if the petitioners file separate representations before the Government highlighting their claims and contentions within one month from today, the Government shall consider the said WP(C).No.24561/2008 4 representations and pass orders thereon in accordance with law. I also direct that the Government shall while passing orders on the representations filed by petitioners 6 to 8 and 13 to 15, take note of the fact that a substantial portion of the leave availed by them was before 11.5.2005. I further direct that the competent authority among the respondents shall issue necessary orders regarding sanction of increments to the 11th petitioner reckoning the period of leave without allowances availed by him for the purpose of undergoing the B.Ed Degree course during the period from 1.6.2001 to 30.11.2001. Necessary orders in that regard shall be passed within three months from the date of receipt of a certified copy of this judgment. Consequential re-fixation of pay shall be made and arrears disbursed to the 11th petitioner within another period of three months thereafter. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS