IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 2365 of 2009(F) ---------------------------------- PETITIONER(S): ---------------------- 1. N.SUKUMARAN P.D.TEACHER NOW POSTED AS N.R.C.TRAINER, BLOCK RESOURCE CENTRE (SSA) SOUTH B.R.C. TRIVANDRUM 695009. 2. T.MARIA ROSE, HEADMISTRESS, MALANKARA SYRIAN CATHOLIC L.P.S. PAMANCODE, PAPPANAMCODE, TRIVANDRUM BY ADV. MR.S.MOHANDAS RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL DUCATION DEPUTT. TRIVANDRUM 695001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, TRIVANDRUM 695009 3. ASSISTANT EDUCATIONAL OFFICER, TRIVANDRUM SOUTH, TRIVANDRUM 695009. 4. ASSISTANT EDUCATIONAL OFFICER, BALARAMAPURAM, TRIVANDRUM 5. ACCOUNTANT GENERAL (AUDIT)KERALA, TRIVANDRUM 695001. GOVT. PLEADER TSS.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2365/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 17.5.01 ISSUED BY THE 2ND RESPONDENT (EXTRACTS). P2:- COPY OF THE GO(RT) NO.925/85/G.EDN. DT. 7.3.85. P3:- COPY OF THE JUDGMENT DT. 22.9.06 IN WPC. NO.31276/04. P4:- COPY OF THE GO(RT) NO.2403/08/G.EDN. DT. 28.5.08. P5:- COPY OF THE LETTER DT. 10.9.08 ISSUED BY 3RD RESPONDENT. P6:- COPY OF THE AUDIT ENQUIRY NO.28 DT. 3.5.08 ISSUED BY THE OFFICE OF 5TH RESPONDENT. TRUE COPY P.S. TO JUDGE TSS P.N.Ravindran, J. ================== W.P.(C) No.2365 of 2009 ===================== Dated this the 3rd day of April, 2009. JUDGMENT The issue raised in this writ petition is covered in favour of the petitioners 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, Exts.P4 to P6 are quashed and the respondents are directed to count the period of leave availed by the petitioners 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 certified 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. ess