IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34070 of 2008(E) -------------------------- PETITIONER(S): --------------- K.K.REJITHA, THIRUVATHIRA, PATTANNOOR.PO KANNUR, NOW WORKING AS P.D.TEACHER, VOCATIONAL HIGHER SECONDARY SCHOOL, AMBALATHARA. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR (EDUCATION), KASARAGOD. 2. PRINCIPAL, VOCATIONAL HIGHER SCHOOL, AMBALATHARA. 3. PRINCIPAL SECRETARY, GENERAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008 ALONG WITH WP(C)NO.34083/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).Nos.34070/08 & 34083/08 ----------------------------------------------------------- Dated this the 19th day of November, 2008 JUDGMENT In so far as WP(c).No.34070/2008 is concerned, the petitioner is a P.D teacher. For acquiring B.Ed she had availed of leave without allowance from 25.6.2001 to 11.3.2002 and Ext.P1 is the order granting leave. She completed the course and rejoined duty. Now, Ext.P2 has been issued based on an audit objection, which is produced by the petitioner as Ext.P3. In Ext.P3 it is stated that, as per Circular No.72/2005/Fin dated 30.12.2005, the LWA availed of will not count for increment, higher grade, pension etc. On this basis, the rectification is ordered. 2. In so far as the petitioner in WP(c).No.34083/08 is concerned, she also had availed of leave without allowance for acquiring B. Ed, for the period from 16.7.1998 to 31.3.1999. In her case also the same audit objection has WP(c).No.34070/08 & anor. 2 been raised and rectification has been ordered by Ext.P2. 3. It is challenging Exts.P2 and P3 and declaring that the period covered by Ext.P1 in these cases, is liable to be reckoned for service benefits these writ petitions have been filed. 4. Evidently, audit objection, Ext.P3, shows that it has been issued as per the circular dated 30.12.2005 referred to above. The circular cannot have any retrospective effect and the parties are governed by the conditions imposed in Ext.P1. In the absence of the conditions in the circular having retrospective effect and it being only prospective, the audit objection raised in Ext.P3 is unsustainable. Therefore Exts.P2 and P3 in so far as the petitioners concerned deserve to be quashed and I do so. It is directed that the period covered by Ext.P1 will be counted for service benefits. Writ Petitions are disposed of as above. ANTONY DOMINIC vi JUDGE WP(c).No.34070/08 & anor. 3