IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 35962 of 2008(F) ----------------------------------------- PETITIONER(S): ------------------------- SHEELA.S., WORKING AS H.S.A (HINDI), ST.PHILOMENA'S GIRLS HIGH SCHOOL, POONTHURA, THIRUVANANTHAPURAM. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------------------- 1. GOVERNMENT OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATION OFFICER, SOUTH, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.35962/2008 ----------------------------------------------------------- Dated this the 5th day of December, 2008 JUDGMENT Heard both sides. 2. The petitioner submits that from 5.6.1995 she was appointed as LPSA in St. Philomena's High School, Poonthura, Thiruvananthapuram. It is stated that during the academic year 1997-98 she secured admission for diploma in Hindi Teaching Certificate Course, in the departmental quota. According to the petitioner this course is equivalent to B.Ed degree and by Ext.P1, the 3rd respondent granted her permission to join the course and she was accordingly relieved by Ext.P2. 3. It is also stated that leave without allowance for the period from 18.8.1997 to 31.3.1998 was sanctioned by Ext.P3 with a condition that, that period will not be WP(c).No.35962/08 2 counted for service benefits including pension. Petitioner submits, relying on Ext.P4 circular that, the condition in Ext.P3 is against the directions in the circular. He submitted Exts.P5 and P6 representations which were rejected by Ext.P7. It is in this background the writ petition has been filed challenging the conditions in Ext.P3 and Ext.P7. 4. Petitioner submits that identical reliefs have been granted by this court in various cases and Ext.P8 is one of the judgments in that regard. 5. Having considered the contentions raised by the learned counsel for the petitioner and also Ext.P8 judgment, I am satisfied that the petitioner is entitled to succeed, since th issue is already decided in Ext.P8 judgment referred to above. Therefore, I quash the condition in Ext.P3 to the extent it provided that the leave period will not be counted for any service benefits including pension and Ext.P7 order. It is declared that the petitioner is entitled to the get the period of leave sanctioned during the period from 18.8.1997 WP(c).No.35962/08 3 to 31.3.1998 for service benefits including pension. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.35962/08 4