IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 30050 of 2009(A) -------------------------------- PETITIONER: -------------- BINNI P.S, HSA(SOCIAL SCIENCE), ST.JOSEPH'S GHS, CHENGAL, KALADY, ERNAKULAM. BY MR.TOJAN J. VATHIKULAM, ADVOCATE. MR.BEPIN PAUL, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA-REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION,THIRUVANANTHAPURAM, 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE HEAD MISTRESS, ST.JOSEPH'S GHS, CHENGAL, KALADY, ERNAKULAM. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.30050 OF 2009 --------------------------------------- Dated this the 4th day of November, 2009. J U D G M E N T The petitioner herein was sanctioned Leave Without Allowance for acquiring B.Ed. She was appointed as U.P.S.A in the LTUPS, Karumalloor in Ernakulam District and was selected for B.Ed course under the department quota as per Exhibit P1 proceedings of the 2nd respondent. Exhibit P3 is an order by which L.W.A was sanctioned in terms of Rule 88 of Part I Kerala . Service Rules. The same was issued with a specific condition that the L.W.A granted to the petitioner will not count for any service benefits including pension and that the above fact will be so recorded in the service book of the petitioner. 2. It is contended that the said condition cannot be sustained in the light of the relevant Rule as well as in the light of the principles stated by this Court in Deepika vs. State of Kerala (2007(1) KLT 71). It was held therein that the period of leave sanctioned for completing B.Ed course shall be counted W.P.(C) No.30050/2009 2 for service benefits including increments and pension. In these circumstances, the petitioner has filed Exhibit P6 representation before the Government seeking to pass an order for counting of the period of L.W.A as qualifying service for service benefits including pension. There is a further prayer for restoration of original date of increment without excluding the period of L.W.A availed for doing B.Ed course. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. There will be a direction to the 1st respondent to take a decision on Exhibit P6, after hearing the petitioner, in the light of the dictum laid down in Deepika vs. State of Kerala (2007(1) KLT 71) and appropriate orders will be passed within a period of three months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the writ petition along with copy of the judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp