IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 8844 of 2007(C) ------------------------------------- PETITIONERS: --------------------- 1. MUHAMMED SALIM.A., ARABIC TEACHER (JR.) (FULL TIME) GOVT. U.P.SCHOOL VALLAPPUZHA, CHOORAKKODE P.O., PALAKKAD DISTRICT. 2. SREEDHARAN.A., P.D.TEACHER, GOVT. U.P. SCHOOL, CHERPULASSERY, CHERUPULASSERY- VIA, PALAKKAD DISTRICT. 3. SREEJA.P., SANSKRIT TEACHER (JR.) (FULL TIME), HIGH SCHOOL, PERINGODE, PERINGODE P.O KOOTTANAD (VIA), PALAKKAD DISTRICT. 4. ABDUL SHAMEER C.H., ARABIC TEACHER (JR.)(FULL TIME) A.M.U.P. SCHOOL POOVATHANI, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA, ADV. SRI.C.P.SIVADASAN NAIR, ADV. SRI.K.I.SAGEER IBRAHIM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT.OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. R1 TO R4 BY GOVERNMENT PLEADER SMT. T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8844/2007-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. G.O. (MS) 81/80/G. EDN. DTD. 17/06/1980 ISSUED BY THE R.1. EXT.P.2: COPY OF THE ORDER BEARING NO.M2/39/2004/DPI DTD. 28/05/04 ISSUED BY THE R.2. EXT.P.3: COPY OF THE ORDER BEARING G.O.(RT).NO.696/06/G. EDN. DTD. 14/02/06 ISSUED BY THE R.1. EXT.P.4: COPY OF THE CERTIFICATE DTD. 27/01/07 ISSUED BY THE HEADMASTER OF G.U.P. SCHOOL, VALLAPPUZHA, CHOORAKKODE.P.O., PALAKKAD DISTRICT, DETAILING THE REJOINING OF P.1. ON 01/04/05 AFTER THE DUE COMPLETION OF THE B. ED. COURSE. EXT.P.5: COPY OF THE REPRESENTATION FILED BY THE P.1. BEFORE THE R.1. ON 06/03/06. EXT.P.6: COPY OF THE PROCEEDING NO. 50494/S2/06/G. EDN. DTD. 29/09/06 ISSUED BY THE R.1. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY THE P.1. BEFORE THE R.1. DTD. 16/10/06. EXT.P.8: COPY OF THE DEGREE CERTIFICATE DTD. 24/03/06 BEARING NO. 035655 ISSUED BY THE UNIVERSITY OF CALICUT TO THE P.1. EXT.P.9: COPY OF THE ORDER BEARING NO.M(2)804/2003/DPI DTD. 27/05/03 ISSUED BY THE R.2. EXT.P.10: COPY OF THE RELIEVING ORDER BEARING NO.C-166/03 DTD. 31/03/04 ISSUED BY THE PRINCIPAL OF GOVT. COLLEGE OF TEACHER EDUCATION, KOZHIKODE, DETAILING THE RELIEVING OF THE P.2. EXT.P.11: COPY OF THE ORDER BEARING NO.G.O.(RT).2322/05/G. EDN. DTD. 06/06/05 ISSUED BY THE R.1. EXT.P.12: COPY OF THE REPRESENTATION DTD. 30/05/05 SUBMITTED BY THE P.2. BEFORE THE R.1. EXT.P.13: COPY OF THE DEGREE CERTIFICATE DTD. 23/04/05 ISSUED BY THE UNIVERSITY OF CALICUT BEARING NO. 003934 DECLARING THE P.2. PASSED B.ED. COURSE WITH 1ST CLASS. EXT.P.14: COPY OF THE ORDER NO. M(2) 804/2003 DPI DTD. 20/06/03 ISSUED BY THE R.2. EXT.P.15: COPY OF THE ORDER NO. G.O.(RT).2649/04/G. EDN. DTD. 26/06/04 ISSUED BY THE R.1. EXT.P.16: COPY OF THE OBJECTION FILED BY THE P.3. BEFORE THE R.1. DTD. 17/07/04. EXT.P.17: COPY OF THE DEGREE CERTIFICATE DTD. 12/09/05 BEARING NO.010473 ISSUED BY THE UNIVERSITY OF CALICUT. W.P.(C). NO.8844/2007-C: EXT.P.18: COPY OF THE ORDER NO. M2/39/2004/DPI DTD. 28/05/04 ISSUED BY THE R.2. EXT.P.19: COPY OF THE ORDER NO. GO.O.(RT).507/05/G.EDN. DTD. 03/02/05 ISSUED BY THE R.1. EXT.P.20: COPY OF THE CERTIFICATE DTD. 28/09/05 BEARING NO. 010981 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.P.21: COPY OF THE LETTER BEARING NO.12475/H1/05/G. EDN. DTD. 27/04/06 ISSUED BY THE R.1. EXT.P.22: COPY OF THE JUDGMENT DTD. 22/09/2006 IN W.P.(C) NO.31276/04 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.8844/2007 ----------------------------------------------------------- Dated this the 24th day of November, 2008 JUDGMENT Exts.P6, P11 and P15 orders are under challenge. Petitioners also seeking a direction to the respondents to reckon the period of training undergone by them for increments and other benefits as admissible under Rule 33,91 and 91(A) of Part-I of KSR and release those benefits with interest. 2. It is now pointed out that, this very issue has been decided by this court in favour of the petitioners as per the judgment of this court in Deepika V. State of Kerala(2007 (1)KLT 71). In view of the law laid down in the judgment referred to above, the impugned orders to the extent that the leave period will not count for increment purposes will stand quashed. 2 Accordingly, the writ petition is disposed of directing that, the leave periods shall be reckoned for increments and that the benefits will be worked out and released, as expeditiously as possible and at any rate within 3 weeks from the date of production of a copy of the judgment. ANTONY DOMINIC JUDGE vi. 3