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. 7015 of 2009(V) ---------------------------------- PETITIONER(S): ---------------------- A.V. SHAJI, S/O. VARKEY, AGED 43 YRS, HSST (SOCIOLOGY), SNHSS NANKICITY, KANJIKUZHY P.O., IDUKKI DIST. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY TO GOVT., DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM. 4. THE PRINCIPAL, SNHSS NANKICITY, KANJIKUZHY P.O., IDUKKI DIST. 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. 7015/2009 V APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE ORDER DT. 12/10/2001 OF THE R1. EXT.P2. COPY OF THE ORDER DT. 11/12/01 OF THE R1. EXT.P3. COPY OF THEOPTION FORM OF PETITIONER DT. 2/09/07. EXT.P4. COPY OF THE REJECTION LETTER DT. 21/2/99 COMMUNICATED TO R4 BY R3. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.7015 of 2009 -------------------------------------- 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.P4 letter sent by the Regional Director of Higher Secondary Education, Ernakulam, to the extent it stipulates that the leave without allowances granted for the purpose of undergoing B.Ed. Degree course will not count for the purpose of grant of service benefits including increments and higher grade 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 higher grade. 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 W.P.(C)No.7015/2009 2 disbursed within another period of three months thereafter. The writ petition is allowed as above. No costs. P.N.RAVINDRAN Judge TKS