IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 24062 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. A.K.MOIDEEN, U.P.S.A., H.U.P.SCHOOL, POYILINGAPARAMBA, AZHEEKODE JETTY P.O., KODUNGALLUR, THRISSUR. 2. BINDU G.MENON, UPSA, SN TTI (FORMERLY KNOWN AS SN BTS), CHERUTHURUTHY, PUDUSSERY, 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. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.24062/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of August, 2009 J U D G M E N T The petitioners herein are aggrieved by the non-reckoning of the period of leave without allowance availed by them for acquiring B.Ed Course, for service benefits. 2. They had joined B.Ed course, after getting appointment in the Government service, during the academic year 2003-04 under the departmental quota. Both of them had undergone the course also. Later they submitted an application for leave to undergo the course. Exts.P2 and P3 are the orders by which the leave applied for have been granted, but on condition that it will not count for any service benefit, including pension, and the above fact has been so recorded in the service books. 3. The main contention of the petitioners are that in view of the third proviso to Rule 33(b) (2) of Part I K.S.R, the above stipulation cannot be sustained. 4. Even though the second petitioner had submitted Ext.P4 representation, that was rejected as per Ext.P4(a). The first petitioner had submitted representation as per Ext.P5. W.P.(C). No.24062/2009 -:2:- 5. Already, the said legal issue has been decided as per Ext.P6 judgment of the Division Bench in W.A. No.1935/2008, wherein, in a similar case, the Division Bench after considering the earlier decision of this Court in Deepika vs. State of Kerala [2007(1) KLT 71] held that the view taken by the Government cannot be sustained. 6. Thereafter, the petitioners have filed Exts.P7 and P8 representations seeking to pass appropriate orders in the light of the decision of the Division Bench. 7. Therefore, Ext.P4(a) is set aside. There will be a direction to the first respondent to take a decision on Exts.P7 and P8 in the light of the decision of the Division Bench produced as Ext.P6 herein, within a period of three months from the date of receipt of a copy of the judgment. The petitioners will forward a copy of the writ petition along with a copy of the judgment for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms