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. 26084 of 2008(E) ---------------------------------------- PETITIONER(S): ---------------------- C.A. ABRAHAM, HSA (MATHS), GOVT. MODEL HIGH SCHOOL, CHERUVATTOOR, KOTHAMANGALAM, ERNAKULAM. BY ADVS. MR.TOJAN J. VATHIKULAM MR.M.V.BIPIN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. SR. GOVERNMENT 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: W.P.(C) NO.26084/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROCEEDINGS NO.M2/804/2003/DPI DT. 20.6.03 ISSUED BY THE 2ND RESPONDENT. P1(a):- COPY OF THE ORDER DT. 4.7.03 ISSUED BY THE 2ND RESPONDENT ALLOTTING THE PETITIONER TO INSTITUTE OF ADVANCED STUDY THRISSUR. P2:- COPY OF THE G.O.(RT) NO.924/04/GE. DT. 3.3.04 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE REPRESENTATION DT. 10.7.04 SUBMITTED BY THE PETITIONER. P4:- COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT AS NO.38/02/FIND. DT. 8.6.02. P5:- COPY OF THE REPRESENTATION DT. 18.4.08 SUBMITTED BY THE PETITIONER . P6:- COPY OF THE ORDER NO.A1-13319/08 DT. 9.6.08 ISSUED BY THE 3RD RESPONDENT. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.26084 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, Exts.P2 and P6 to the extent they stipulate that the leave without allowances sanctioned for the purpose of undergoing the B.Ed. Degree course will not count for any service benefit including pension and increments 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