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. 33867 of 2008(F) ----------------------------- PETITIONER(S): ------------------- SUJATHA P., HSA (MATHS), GOVT. GIRLS HIGHER SECONDARY SCHOOL, PERUMBAVOOR, ERNAKULAM. BY ADV. MR.TOJAN J. VATHIKULAM RESPONDENT(S): ------------------------- 1. STATE OF KERALA - REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 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: W.P.(C) NO.33867/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ADMISSION MEMO DT. 29.11.03. P2:- COPY OF THE ORDER DT. 15.1.04. P3:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. P4:- COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT AS NO.38/02/FIN DT. 8.56.02. P5:- COPY OF THE GOVERNMENT LETTER DT. 12.7.04. P6:- COPY OF THE REPRESENTATION DT. 20.11.04 SUBMITTED BY THE PETITIONER. P7:- COPY OF THE REPRESENTATION DT. 16.1.08 SUBMITTED BY THE PETITIONER. TRUE COPY P.S. TO JUDGE TSS P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.33867 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.P2 to the extent it stipulates that the leave without allowances sanctioned therein will not count for any service benefit including pension and Ext.P5 are 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