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. 30087 of 2008(F) ----------------------------------- PETITIONER(S): --------------------- B. RAJAM, UP SCHOOL ASSISTANT, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, VEERANKAVU, KATTAKKADA, THIRUVANANTHAPURAM-695 572. BY ADV. SRI.B.RAGUNATHAN SRI.V.V.MATHEW SRI.R.SRINATH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 036. GOVT. PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 30087/2008 F APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE ORDER DT. 17/5/2001 OF THE R2. EXT.P2. COPY OF THE GO DT. 6/12/2001. EXT.P3. COPY OF THE GO DT. 17/12/2007. EXT.P4. COPY OF THE GO DT. 11/5/05. EXT.P5. COPY OF THE GO DT. 10/08/07. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.30087 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, Ext.P3 is quashed and Ext.P2 shall stand restored. 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