IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 12421 of 2008(D) -------------------------- PETITIONER: ------------ GIRIJAMONY AMMA.R, H.S.S.T.IN COMMERCE, K.R.G.P.M. H.S.S., ODANAVATTAM, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.SEBASTIAN PHILIP RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.12421 of 2008 D -------------------------------------- Dated this the 9th day of July, 2008. J U D G M E N T The petitioner, while working as Higher Secondary School Teacher in Commerce at K.R.G.P.H.S. School, Odanavattom, Kottarakkara, was granted leave without allowance for 284 days from 19.2.2001 to 30.11.2001, for undergoing B.Ed. Course, as per Ext.P1 order dated 17.8.2002. The grievance of the petitioner is that as per Ext.P1 order, the leave without allowance period will not count for any service benefits including pension. 2. A learned Single Judge of this Court has considered the question whether the deletion of third proviso to Rule 33(b)(2) of Part I of the Kerala Service Rules is retrospective or prospective. It was held that the deletion of third proviso to Rule 33(b)(2) of Part I of the Kerala Service Rules would be only prospective, as per judgment dated 22.2.2006 in W.P.(C) No.26782/2005. 5. At the time when the leave without allowance was granted to the petitioner, the third proviso to Rule 33(b)(2) of Part I of the Kerala Service Rules was in force. The said third proviso provides that leave without allowance taken by the teachers for completion of training courses, such as B.Ed., Hindi Teacher's Training, Language Teacher's Training and Teachers WP(C) No.12421/2008 2 Training Certificate Course shall count for increment. The amendment to Rule 33(b)(2) of Part I of the Kerala Service Rules came into force on 11.5.2005. Since the leave granted was for the period before the date of amendment, it cannot be said that the petitioner is not entitled to the benefit of third proviso to Rule 33(b)(2). Ext.P1 taking a contrary view, to my mind, is illegal and is liable to be quashed. Ext.P1 is accordingly quashed. It is declared that the petitioner is entitled to the benefit of third proviso to Rule 33(b)(2) of Part I of the Kerala Service Rules. The respondent shall pass fresh orders granting the benefit of third proviso to Rule 33(b)(2) of Part I of the Kerala Service Rules to the petitioner within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks