IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 12761 of 2007(T) ----------------------------------- PETITIONER(S): --------------------- 1. P.K. DINESAN, HIGHER SECONDARY SCHOOL TEACHER, S.N.HIGHER SECONDARY SCHOOL , POOTHADY, WAYANAD DISTRICT. 2. N.ASHOKAN,HIGHER SECONDARY SCHOOL TEACHER,S.N.HIGHER SECONDARY SCHOOL , POOTHADY, WAYANAD DISTRICT. 3. SAJITHA.N.,HIGHER SECONDARY SCHOOL TEACHER, ZAMORIN'S HIGHER SECONDARY SCHOOL , THALI, KOZHIKODE. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETRIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,KOZHIKODE. 4. PRINCIPAL,S.N.HIGHER SECONDARY SCHOOL, POOTHADY,WAYANAD DISTRICT. 5. PRINCIPAL, ZAMORIN'S HIGHER SECONDARY SCHOO,THALI, KOZHIKODE. ADV. SMT.SHAHNA KARTHIKEYAN FOR R5 SRI.V.ARUN FOR R5 GOVERNMENT PLEADER MR. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12761/2007 T APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE ORDER DT. 4/6/03 BY THE GOVT. SANCTIONING LWA TO THE P1. EXT.P2. COPY OF THE ORDER DT. 09/02/2001 BY THE GOVT. SANCTIONING LWA TO THE P2. EXT.P3. COPY OF THE ORDER DT. 2/2/01 BY THE GOVT. SANCTIONING LWA TO THE P3. EXT.P4. COPY OF THE ORDER DT. 10/07/03 BY THE GOVT. SANCTIONING LWA TO THE P4. EXT.P5. COPY OF THE PROPOSAL SUBMITTED BY THE PRINCIPAL WHO IS THE R4 HEREIN, TOGETHER WITH THE REMARKS MADE BY THE R3. EXT.P6. COPY OF THE CIRCULAR DT. 30/12/2005 BY THE GOVT. EXT.P7. COPY OF THE CIRCULAR DT. 22/07/06 BY THE GOVT. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.N.Ravindran, J. ================== W.P.(C) No.12761 of 2007 ===================== Dated this the 3rd day of April, 2009. JUDGMENT The issue raised in this writ petition is covered in favour of the petitioners 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, Exts.P6 and P7 are quashed and the respondents are directed to count the period of leave availed by the petitioners 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 certified 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. ess