IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 1654 of 2009(V) PETITIONER: --------------- SR.THIYOPHINAMA P.J., AGED 46 YEARS H.S.A (ENGLISH) ST.THERESE H.S.S. SHORANUR. BY ADV. SRI.M.SASINDRAN RESPONDENTS: --------------- 1. THE DISTRICT EDUCATIONAL OFFICER PALAKKAD. 2. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD. 3. THE HEADMISTRESS ST.THERESE H.S.S,SHORANUR. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION SECRETARIAT,THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 1654 OF 2009 V ------------------------------------------------------ Dated this the 15th January, 2009 JUDGMENT The petitioner is working as High School Assistant in St.Therese H.S.S., Shoranur. For undergoing studies for B.Ed. Course, the petitioner availed leave without allowance from 21.7.1999 to 31.3.2000. The leave was sanctioned as per Ext.P1 order. It is stated that as per Ext.P2, the petitioner submitted her option for the purpose of the revised scale as per 2006 Pay Revision. Ext.P2 was returned by the District Educational Officer, as per Ext.P3 letter dated 7.6.2008. The reason for such rejection was that the petitioner has got service only for a period of eleven years four months and nineteen days as on 1.7.2004. It is stated in Ext.P3 that the petitioner is not eligible for the three increments as weightage. The contention of the petitioner is that Ext.P3 was issued without taking into account the period of leave without allowance reckoned for the purpose of increments and other service benefits. The petitioner relied on Ext.P4 Circular (Circular No.38/2002/Fin dated 3.6.2002) in support of her contention that the period of leave without allowance would be reckoned for the purpose of counting the service and retirement benefits. Pointing out these facts, the petitioner has submitted Ext.P5 representation to the Secretary to Government. In Ext.P5 the petitioner has prayed for issuing orders and directions to the District Educational Officer for reckoning the W.P.(C) NO. 1654 OF 2009 V :: 2 :: period of leave without allowance availed by her for study purposes for all service benefits including pension and gratuity. Ext.P5 is pending disposal. 2. It is submitted that Ext.P3 is unsustainable in view of the decision in Deepika v. State of Kerala (2007 (1) KLT 71) and several other judgments in which that decision was followed. Though the petitioner has prayed for the issue of a writ of certiorari to quash Ext.P3 order, since Ext.P5 is pending disposal before the fourth respondent, it is only proper to issue a direction to the fourth respondent to dispose of Ext.P5 in the light of the judgment in Deepika v. State of Kerala (2007 (1) KLT 71), other connected judgments as well as Ext.P6 order issued by the Government on 21.7.2007. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The fourth respondent shall consider and dispose of Ext.P5, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the third respondent. W.P.(C) NO. 1654 OF 2009 V :: 3 :: b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the fourth respondent. c) The fourth respondent shall take into account the decision in Deepika v. State of Kerala (2007 (1) KLT 71) and Ext.P6 order passed by the Government. (K.T.SANKARAN) Judge ahz/