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. 7290 of 2008(P) ---------------------------------- PETITIONER(S): ----------------------- SREEREKHA N.M., AGED 37 YEARS H.S.A., GOVERNMENT HIGHER SECONDARY SCHOOL PAKKAM, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENT(S): ----------------------- 1. THE DISTRICT EDUCATIONAL OFFICER KASARAGOD. 2. THE HEADMISTRESS GOVT. HIGHER SECONDARY SCHOOL, PAKKAM, KASARAGOD. 3. THE DEPUTY DIRECTOR OF EDUCATION KASARAGOD. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT THIRUVANANTHAPURAM. SR. GOVT. PLEADER SMT. T.B. REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7290/2008 P APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE ORDER OF THE GOVT. DT. 7/7/01 SANCTIONING LEAVE. EXT.P2. COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER. EXT.P3. COPY OF THE RELEVANT PORTION OF THE AUDIT OBJECTION, FORWARDED TO THE HEADMASTER OF THE PETITIONER. EXT.P4. COPY OF THE CIRCULAR NO. 38/2002/FIN DT. 3/6/2002. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.7290 of 2008 -------------------------------------- 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.P3 to the extent it denies the petitioner the benefit of increments and other service benefits during the period of leave sanctioned as per Ext.P1 is 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