IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 28475 of 2009(D) ------------------------------------ PETITIONER(S): ------------------------ THRESIAMMA ZACHARIAS, RETD. H.S.A., ST.MARY'S HIGH SCHOOL, CHERUPUZHA, PRESENTLY R/AT 'ANU NIVAS', CHERUPUZHA, KANNUR DISTRICT. BY ADVS.MR.M.SASINDRAN MR.V.VENUGOPAL RESPONDENT(S): ------------------------- 1. STATE OF KERALA - REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. BY SR. GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28475/2009-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of October, 2009 J U D G M E N T The petitioner retired from service on 31/03/2005 as a H.S.A from St.Mary's High School, Cherupuzha. Presently, she is aggrieved by the delay on the part of the first respondent in considering her application for reckoning the period of leave without allowance availed by her for completing Language Teachers' Training for pensionery benefits even though the same has been reckoned for granting increments. 2. She entered service as U.P.S.A with effect from 01/06/1976 at A.U.P.S, Kunnumkai in Chittarikkal Sub District in Kasaragod District. Leave without allowance was granted for the period from 01/07/1981 to 31/03/1982 for completing the Language Teachers' Training. Ext.P1 is the copy of the said order. It was stipulated therein that the leave period will not count for any service benefits. It is the case of the petitioner that the said condition was not implemented, obviously, for the reason that she has been granted increments. It is explained that in the light of the above, she did not challenge the conditions provided in Ext.P1 at that point of time. The petitioner is relying upon Rules 88, 91 and 91 A of Part I K.S.R. It is W.P.(C). No.28475/2009 -:2:- also submitted that in view of the third proviso to Rule 33(b)(2) of Part I K.S.R, the petitioner is entitled to get the period of leave without allowance availed for the purpose of the completion of Language Teachers' Training reckoned for increments as it was in force at that point of time. Ext.P4 is the order by which the Government ordered that training period undergone by the teachers which counts for the purpose of higher grade and fixation of pay will also count for pension with effect from 24/01/1968. The petitioner has also produced Ext.P5 wherein it is clarified that leave without allowance sanctioned under Rule 91 of Part I K.S.R for study purpose and leave without allowance granted under Rule 88 except three categories mentioned therein will not count for any service benefits including pension. But leave without allowance availed by teachers like the petitioners can be reckoned for service benefits. It is therefore, contended that the petitioner is entitled to reckon leave without allowance taken for completion of Language Teachers' Training for the purpose of pension. Presently, the petitioner has approached the Government by Ext.P8 representation. It is prayed that the first respondent may be directed to consider Ext.P8 and pass orders thereon within a time frame. W.P.(C). No.28475/2009 -:3:- 3. The learned Government Pleader submitted that the period of leave is from 01/07/1981 to 31/03/1982 and, therefore, there is undue delay in approaching the Government in the matter. 4. It is explained by the learned counsel for the petitioner that the stipulations contained in Ext.P1 were not implemented at that relevant point of time since increments were being granted. It is also pointed out that since it reflects on the pensionery benefits, it will be a continuing cause of action. I am not considering the merits of the issue since the matter is pending before the Government. The writ petition is disposed of directing the first respondent to consider Ext.P8 and pass orders therein after hearing the petitioner within a period of four months from the date of receipt of a copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms