IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 28376 of 2009(N) ------------------------- PETITIONER : --------------------- K.SREELATHA, HIGH SCHOOL ASSISTANT (HINDI), C.M.S.HIGH SCHOOL, NEDUNKARANA, WAYANAD DISTRICT. (* CORRECTED) *THE ADDRESS OF PETITIONER CORRECTED AS “K.SREELATHA, HIGH SCHOOL ASSISTANT (HINDI), C.M.S.HIGH SCHOOL, ARRAPETTA, MEPPADI (P.O.), WAYANAD DISTRICT. '' AS PER ORDER DTD. 9/11/09 IN I.A. NO. 13508/09. BY ADVS. SRI.V.RAJENDRAN SMT.K.S.SABITHA RESPONDENTS : ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT EDUCATIONAL OFFICER, CHOMBALA, VADAKARA, KOZHIKLODE DISRICT. R1 & R2 BY GOVT. PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, ALONG WITH WP(C) NO. 26557/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28376 of 2009(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE GOVT. ORDER DATED 27.03.2007. EXT.P2 : COPY OF THE JUDGMENT DATED 25.11.2008 IN WP(C) NO. 24328/07. EXT.P3 : COPY OF THE GOVT. ORDER DATED 25.05.2009. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.28376 OF 2009 --------------------------------------- Dated this the 20th day of August, 2011. J U D G M E N T This writ petition was reposted after the Review Petition No.581/2011 filed by the petitioner was allowed. The challenge is against the stipulation in Ext.P3 to the effect that the Leave Without Allowance granted for study purpose from 26.06.2004 to 31.03.2005 under Rule 91 Part I KSR will be counted only for seniority, promotion and accumulation of half pay leave alone implying that it will not enure to grant of pension. 2. The petitioner is presently working as High School Assistant (Hindi) in the C.M.S. High School, Arrapetta under the Corporate Management of C.S.I. Schools in Malabar & Wayanad. Initially, she entered service as Peon and at that point of time, the petitioner applied for admission to Hindi Teachers Training Course 2004-05 in the Departmental Quota. 3. When the leave was granted as per Ext.P1, it was under Appendix XII-B even though the application submitted by the W.P.(C) No.28376/2009 2 petitioner was under Rule 91 of Part I K.S.R. This was challenged by the petitioner by filing W.P.(C) No.24328/2007. By Ext.P2 judgment, this Court quashed Ext.P1 order to the extent it grants leave under Appendix XII-B of Part I K.S.R and directed the respondents to grant leave to the petitioner for the period in question without imposing conditions under Appendix XII-B of Part I K.S.R. Even though Ext.P3 order was issued, there is no mention about the reckoning of the period for the purpose of pension. Learned counsel for the petitioner therefore submitted that since it is specified that the grant of leave is subject to the condition that the leave period will be counted only for seniority, promotion and accumulation of half pay leave, the same naturally will not be counted for pension. Therefore, to that extent the order is challenged. 4. Learned counsel for the petitioner brought to my notice a Government Order dated 28.04.2010 namely, G.O.(MS) No.69/2010/Gen.Edn. (Ext.P4 produced along with I.A.No.13904/2011). Therein, it is pointed out that in respect of leave granted for completing various courses like B.Ed/T.T.C, W.P.(C) No.28376/2009 3 Hindi Teachers Training and Language Teachers Training for the period prior to 24.05.2005, the same will be reckoned for the purpose of increment. Once it is reckoned for the purpose of increment, normally it will have to be reckoned for the purpose of pension. Apart from that, herein this Court by Ext.P2 judgment had already directed to grant leave under Rule 91 of Part I K.S.R. The exclusion of the period for the purpose of pension cannot be justified. Therefore, Ext.P3 to the extent to which it excludes the grant of benefit of pension for the period of Leave Without Allowance cannot be justified. There will be a direction to the Government to issue fresh orders to the effect that the leave period will be counted for the purpose of pension also, within a period of three months from the date of receipt of a copy of this judgment. This writ petition is allowed. T.R. RAMACHANDRAN NAIR JUDGE smp