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. 31020 of 2006(P) ----------------------------------- PETITIONER(S): --------------------- M.V.BALAKRISHNAN, HSA (MALAYALAM), RAJAH'S HIGH SCHOOL, NELESHWAR, KASARAGOD. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD. 3. THE HEADMISTRESS, RAJAH'S HIGH SCHOOL, NILESHWAR, KASARAGOD. SR GOVERNMENT PLEADER SMT. T.B. REMANI FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31020/2006 P APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE APPOINTMENT ORDER DT. 3/6/96. EXT.P2. COPY OF THE GOVT. ORDER DT. 1/09/98. EXT.P3. COPY OF THE OPTION FORM ALONGWITH THE STATEMENT OF FIXATION. EXT.P4. COPY OF THE COMMUNICATION DT. 8/8/06 BY THE R2 DT. 8/8/06. EXT.P5. COPY OF THE ABOVE CIRCULAR DT. 3/6/2002. EXT.P6. COPY OF THE ABOVE JUDGMENT DT. 14/08/2006 IN WPC NO. 3014/2006. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.31020 of 2006 -------------------------------------- Dated 24th March, 2009 JUDGMENT The main issue raised in this writ petition, viz., the question whether the leave without allowances availed by the petitioner for the purpose of undergoing the B.Ed. Degree course will count for the purpose of grant of increments and pension, 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, Ext.P4 in so far as it holds that the leave without allowances for 222 days availed by the petitioner during the period from 22.8.98 to 31.3.99 shall not count for grant of increments/grade promotion is 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/grade promotion. 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 to the above extent. No costs. P.N.RAVINDRAN Judge TKS