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. 37789 of 2007(W) ----------------------------------------- PETITIONER(S): ------------------------- REJI POULOSE, W/O.BABU.K.PAUL, AGED 33 YEARS, P.D.TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, CHALISSERY, PALAKKAD DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT. 3. THE HEADMASTER, GOVERNMENT L.P.SCHOOL, CHALISSERY, PALAKKAD DISTRICT. R1 ATO R3 BY GOVERNMENT PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37789/2007 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE OF THE PETITIONER DTD. 14/07/2004. EXT.P2; COPY OF THE APPLICATION FOR LEAVE DTD. 24/08/2004. EXT.P3: COPY OF THE TRANSFER CERTIFICATE DTD. 31/05/2005. EXT.P4: COPY OF THE CERTIFICATE OF B.Ed. DTD. 03/02/2006. EXT.P5: COPY OF THE G.O.(RT) NO.1285/05/G.EDN. OF THE GOVERNMENT DTD. 30/03/2005. EXT.P6: COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 5/05/2005. EXT.P7: COPY OF THE DECISION REPORTED IN 2007 (1) K.L.T.71 DTD. 14/08/2006. EXT.P8: COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DTD. 22/01/2007. EXT.P9: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.6888 OF 2007-T DTD. 01/03/2007. EXT.P10: COPY OF THE G.O.(RT) NO.4763/07/G.EDN. OF THE GOVERNMENT DTD. 17/10/2007. EXT.P11: COPY OF THE G.O.(RT) NO.1626/2002/G.EDN. OF THE GOVERNMENT DTD. 17/06/2002. EXT.P12: COPY OF THE G.O.(RT) NO.4154/2003/G.EDN. OF THE GOVERNMENT DTD. 14/10/2003. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.37789 of 2007 -------------------------------------- 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, Ext.P10 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 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