IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 5675 of 2009(D) ---------------------------------- PETITIONER(S): ----------------------- SARITHA B, H.S.A. (ENGLISH), GOVERNMENT HSS, POOTHRIKKA, ERNAKULAM DIST. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION (B) DEPARTMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE ASSISTANT EDUCATIONAL OFFICER, PALAKKAD. 4. THE HEADMASTER, GOVT. L.P. SCHOOL, KALLIKKAD, PALAKKAD. GOVT. PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5675/2009 D APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE GO RT NO. 4304/05/G.EDN. DT. 31/08/2005 BY THE R1. EXT.P2. COPY OF THE ORDER NO. A1/5192/08/ENG. DTD. 16/6/08 BY THE DDE, ERNAKUALM. EXT.P3. COPY OF THE REPRESENTATION BY THE PETITIONER BEFORE THE R1. EXT.P4. COPY OF THE GO RT NO. 3132/06/GE. DT. 20/07/06 BY THE R1. EXT.P5. COPY OF THE GO RT NO. 3729/07/G.EDN. THIRUVANANANTHAPURAM DT. 10/08/07. EXT.P6. COPY OF THE JUDGMENT DT. 10/04/2008 IN WPC NO. 12533/08. EXT.P7. COPY OF THE ORDER DT. 18/10/2008 BY THE R1. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.5675 of 2009 -------------------------------------- Dated 24th March, 2009 JUDGMENT The issue raised in this writ petition is covered in favour of the petitioner by the decision of the Division Bench of this Court in W.A.No.2734 of 2007 and connected cases. By the said judgment, the Division Bench held that leave without allowances availed by teachers prior to 11.5.2005 for the purpose of undergoing the B.Ed. Degree course will count for the purpose of grant of increments and pension. In view of the said decision, Ext.P1 to the extent it stipulates that the leave sanctioned therein will not count for any service benefit including pension and Ext.P7 are quashed and the respondents are directed to count the period of leave availed by the petitioner for undergoing the B.Ed. Degree course for the purpose of grant of increments and pension. Necessary orders regarding sanctioning of increments shall be issued within three moths from the date of receipt of a copy of this judgment. Consequential re-fixation of pay shall be made and arrears disbursed within another period of three months thereafter. The writ petition is allowed as above. No costs. P.N.RAVINDRAN Judge TKS