IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 13254 of 2007(C) --------------------------------------- PETITIONER(S): -------------------------- K.V.FRANCIS,PHYSICAL EDUCATION TEACHER SCHOOL FOR THE DEAF AND BLIND NEERPARA, THALAYOLAPARAMBU,KOTTAYAM DISTRICT. BY ADV. MR.V.K.SATHYANATHAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,DEPARTMENT OF GENERAL EDUCATION (K) GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR EDUCATION, KOTTAYAM. 4. THE DISTRICT EDUCATIONAL OFFICER, KADUTHURUTHY. 5. THE HEAD MASTER,SCHOOL FOR THE DEAF AND BLIND NEERPARA,THALAYOLAPRAMBU,KOTTAYAM DISTRICT. ADV. MR.P.A.AUGUSTIAN FOR R5 GOVERNMENT PLEADER MR.T.T.MUHAMOOD FOR R1-R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13254/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE GO(RT) NO.127/94/GE DT. 11.1.94. P2:- COPY OF THE STATEMENT OF FIXATION A/W OPTION FORM FORWARDED BY THE 4TH & 5TH RESPONDENT. P3:- COPY OF THE REPRESENTATION D.T 24.10.05 SUBMITTED BY THE PETITIONER BEFORE THE GOVT. P4:- COPY OF THE GOVT. LETTER NO.29834 K 32006 G EDN. DT. 22.7.06. /TRUE COPY/ P.S. TO JUDGE tss HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.13254 OF 2007 ---------------------------- DATED THIS THE 20TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioner is a Physical Education Teacher working in the school for the deaf and blind, Neerpara, Thalayolaparambu. The Government by Ext.P4 order informed the petitioner that since B.P.Ed. Course is not included in the 3rd proviso to Rule 33(b)(2), Part I of the Kerala Service Rules, period of leave without allowance availed of to undergo that course cannot be reckoned for sanctioning increment. So the stand of the Government is that the Rules do not permit reckoning the period of leave without allowance availed of for undergoing B.P.Ed. 2. The 3rd proviso to Rule 33(b)(2) of Part I of the Kerala Service Rules is extracted below: “Provided also the leave without allowance taken by teachers for completion of training course such as B.Ed., Hindi Teachers' -2- W.P.(C).No.13254/2007 Training, Language Teachers' Training and Teachers' Training Certificate Course shall count for increment.” 3. The learned counsel for the petitioner submitted that on a plain reading of the above said proviso, it is clear that the petitioner is entitled to increment for his leave period for the completion of B.P.Ed. Course. There is no course like B.Ed. Course and that itself is equivalent to B.Ed. Course. It is also submitted that the proviso does not exclude B.P.Ed. Course or other similar training course. On a reading of the proviso, it is very clear that all training courses similar to the courses stated therein are also covered by the said proviso and shall be counted for increment. 4. In the circumstances, Ext.P4 is unsustainable in law and the same is quashed. There will be a direction to the respondents to re-fix the pay of the petitioner after reckoning the period of leave without allowance sanctioned to the petitioner as -3- W.P.(C).No.13254/2007 per Ext.P1 for the purpose of increment and other consequential benefits. Writ Petition is allowed as above. HARUN-UL-RASHID, Judge. kcv.