IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 30667 of 2008(A) -------------------------- PETITIONER(S): ---------------- ANNAMMA SAMUEL, W/O. THOMAS CHEIRYAN, KAKKANATT, THUKALASSERY, THIRUVALLA (HIGHER SECONDARY SCHOOL TEACHER (SOCIOLOGY), NAIR SAMAJAM HIGHER, SECONDARY SCHOOL, MANNAR). BY ADV. MR. S.SUBHASH CHAND RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, 4TH FLOOR, PALAYAM, THIRUVANANTHAPURAM. 4. MANAGER, NAIR SAMAJAM HIGHER SECONDARY SCHOOL, MANNAR. 5. PRINCIPAL, NAIR SAMAJAM HIGHER SECONDARY SCHOOL, MANNAR. BY GOVERNMENT PLEADER MR. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).30667/2008 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE ORDER OF APPOINTMENT ISSUED BY RESPONDENT NO.4 EXT.P2:- COPY OF THE G.O. DT.13.5.99 EXT.P3:- COPY OF THE ORDER OF APPROVAL OF APPOINTMENT DT.6.3.00 EXT.P4:- COPY OF THE ORDER DT.28.5.02 EXT.P5:- COPY OF THE CERTIFICATE OF B.Ed. DEGREE ISSUED BY ANNAMALAI UNIVERSITY. EXT.P6:- COPY OF THE ORDER GRANTING LEAVE WITHOUT ALLOWANCES TO THE PETITIONER FOR STUDY PURPOSE FROM 1.7.00 TO 30.3.01 EXT.P7:- COPY OF THE RELIEVING ORDER ISSUED BY R5 EXT.P8:- COPY OF THE RELIEVING ORDER DT.30.3.01 EXT.P9:- COPY OF THE B.Ed DEGREE CERTIFICATE ISSUED TO THE PETITIONER. EXT.P10:- COPY OF THE ORDER DT.14.11.07 EXT.P11:- COPY OF THE PAY FIXATION STATEMENT DT.18.8.06 EXT.P12:- COPY OF THE JUDGMENT DT.22.2.06 IN WP(C) 26782/05 EXT.P13:- COPY OF THE CONSEQUENTIAL ORDER DT.20.7.06 EXT.P14:- COPY OF THE G.O. DT.10.8.07 EXT.P15:- COPY OF THE JUDGMENT DT.3.6.08 IN WP(C) 327/08 EXT.P16:- COPY OF THE COMMUNICATION DT.27.11.07 EXT.P17:- COPY OF THE REPRESENTATION DT.7.6.08 EXT.P18:- COPY OF THE ORDER DT.25.8.05 RESPONDENT'S EXHIBITS:- NIL Okb - TRUE COPY - P.A. TO JUDGE P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 30667 of 2008-A ------------------------------ Dated this the 18th day of March, 2009. J U D G M E N T Heard Sri.S.Subhash Chand, the learned counsel appearing for the petitioner and Sri.T.T.Muhamood, the learned Government Pleader appearing for respondents 1 to 3. Though respondents 4 and 5 have been served there was no appearance on their behalf when the case was called for hearing today. 2. The petitioner is presently working as Higher Secondary School Teacher in Sociology in the fourth respondent’s school. She was appointed as Higher Secondary School Teacher in Sociology by Ext.P1 order dated 23.9.1998. When she was appointed as Higher Secondary School Teacher, she did not possess a B.Ed degree in the concerned subject. Therefore her appointment was approved subject to the condition that she should acquire the B.Ed degree within a period of three years from the date of appointment. After the petitioner entered service, she applied for leave without allowances for the period from 1.7.2000 to 30.3.2001 for the purpose of undergoing the B.Ed degree course. The leave applied W.P(C) No. 30667 of 2008-A 2 for was granted by Ext.P6 order dated 5.3.2001. The petitioner successfully underwent the B.Ed degree course and thereupon her appointment was approved on a regular basis. 3. When the 2006 pay revision was introduced, the pay of the petitioner was fixed, reckoning the period of leave from 1.7.2000 to 30.3.2001 as period qualifying for the grant of increments and other service benefits. Later, the said pay fixation was objected to on the ground that the leave without allowances availed by the petitioner to undergo the B.Ed degree course cannot be reckoned for the purpose of grant of increments and other service benefits. Ext.P18 order by which the fixation of pay was objected to, is under challenge in this writ petition. The issue raised in this writ petition is in my opinion covered in favour of the petitioner by the judgment of the Division Bench of this Court in W.A.No.1935 of 2008 and connected cases. In the said judgment, the Division Bench of this Court held that leave without allowances availed by teachers prior to 11.5.2005 when the third proviso of Rule 33(b) (2) of Part I of the KSR was deleted can be reckoned for the purpose of grant of increments and pensionary benefits. In the light of the decision of the Division Bench to which State of Kerala is W.P(C) No. 30667 of 2008-A 3 a party, I am of the opinion that the stand taken by the respondents in Ext.P18 cannot be sustained. In the instant case, the petitioner availed leave without allowances to undergo the B.Ed degree course during the period from 1.7.2000 to 30.3.2001 at a time when the third proviso to Rule 33(b) (2) of Part I of the KSR was in force. The petitioner is therefore entitled to the benefit of the decision of the Division Bench of this Court in W.A.No.1935 of 2008 and connected cases. The writ petition is accordingly allowed, Ext.P18 is quashed and the respondents are directed to reckon the leave availed by the petitioner during the period from 1.7.2000 to 30.3.2001 for the purpose of undergoing B.Ed degree course for all service benefits including increments and pension. Consequential orders re-fixing the petitioner's pay and allowances shall be issued within three months from the date of receipt of a certified copy of this judgment and payment of arrears of salary and allowances shall be made within one month thereafter. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge W.P(C) No. 30667 of 2008-A 4 ab