IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 327 of 2008(L) ----------------------------------- PETITIONER: ----------------- M.S.SUJAKUMARI, W/O.RAMESH BABU, 'AVITTOM', THADIYOOR P.O., KADAYAR, PATHANAMTHITTA (LG HINDI TEACHER, NSS HIGHER SECONDARY SCHOOL, KAVALAM) BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: --------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION (E), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KUTTANAD. 4. HEADMASTER, NSS HIGHER SECONDARY SCHOOL, KAVALAM, ALAPPUZHA. BY GOVERNMENT PLEADER SHRI A.J. VARGHESE, R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 327 OF 2008 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF ORDER NO.M2/104638/2000/DPI DATED 17.5.2001 OF RESPONDENT NO.2. EXHIBIT P1(a) TRUE COPY OF THE LIST OF CANDIDATES SELECTED FOR LTTC (HINDI) 2001-02 UNDER THE DEPARTMENTAL QUOTA APPENDED TO EXHIBIT P1. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE CHIEF INSRUCTOR, REGIONAL INSTITUTE OF LANGUAGE, TRAINING, THIRUVANANTHAPURAM DATED 12.6.2001. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE CHIEF INSTRUCTOR, REGIONAL INSTITUTE OF LAGUAGE TRAINING, THIRUVANANTHAPURAM DATED 31.3.2002. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 23.2.2007 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1 EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 22.2.2006 PASSED BY THIS HONOURABLE COURT IN W.P(C) NO.26782/2005. EXHIBIT P6 TRUE COPY OF THE ORDER BEARING G.O(RT.) NO.3132/06/GE DATED 20/7/2006 PASSED BY RESPONDENT NO.1 EXHIBIT P7 TRUE COPY OF THE ORDER BEARING G.O.(RT) NO.5048/07/G.Edn. DATED 3.11.2007 ISSUED BY RESPONDENT NO.1. RESPONDENTS' EXHIBITS: NIL ------------------------------------- K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.327 of 2008 L -------------------------------------- Dated this the 3rd day of June, 2008. J U D G M E N T The petitioner, while working as LG Hindi Teacher in NSS Higher Secondary School, Anikkad, was granted leave from 5.6.2001 to 31.3.2002 for the purpose of undergoing Hindi Teachers' Tranining Course, as deputed by the Government. The grievance of the petitioner is that the period of leave is not reckoned for the purpose of increment, grade promotion, accumulation of earned leave and pension as stated in Ext.P7 order dated 3.11.2007 passed by the Government. 2. The contention of the petitioner is that at the time of availing leave the third proviso of Rule 33 (b)(2) of Part I of the Kerala Service Rules was in force. The third proviso of Rule 33 (b) (2) of Part I of the Kerala Service Rules reads as follows:- “Provided also that leave without allowances taken by teachers for completion of training courses such as B.Ed., Hindi Teacher's Training, Language Teacher's Training and Teachers Training Certificate Course shall count for increment.” WP(C) No.327/2008 2 The petitioner contends that as per the third proviso of Rule 33 (b) (2) of the Kerala Service Rules, leave without allowance taken for completion of training course shall count for increment and, therefore, Ext.P7 order is illegal. 3. A similar question came up for consideration before this Court in W.P.(C) No.26782/2005 wherein Ext.P5 judgment was passed on 22.2.2006. After referring to Rule 33(b)(2) of Part I of the Kerala Service Rules and third proviso therein it was held that the period of leave availed for the purpose of teachers’ training has to be counted for the purpose of increment. The contention raised by the Government was that the third proviso to Rule 33 (b) (2) was deleted subsequently on 11.5.2005 and, therefore, the benefit of third proviso would not be available even in respect of cases where leave was granted before the deletion of third proviso. That contention was not accepted as per Ext.P5 judgment. It was held that at the time when the leave was granted third proviso of Rule 33 (b) (2) of Part I of Kerala Service Rules was in force and, therefore, the person concerned had the right to get the period of leave reckoned for the purpose of increment. Going by the judgment in W.P(C) No.26782/2005, Ext.P7 order is liable to be quashed. Accordingly the Writ Petition is allowed and Ext.P7 order is quashed. The Government shall pass fresh orders in accordance with law and taking into account that the petitioner will be entitled to the benefit of the third proviso of Rule 33 (b) (2) of Part I of the Kerala Service Rules. Necessary WP(C) No.327/2008 3 orders will be passed by the Government within a period of three months. K.T. SANKARAN, JUDGE. cks