IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 26557 of 2008(J) ---------------------- PETITIONER : --------------------- VIJIMOL XAVIER, HIGH SCHOOL ASSISTANT, MOTHER TERESA HIGH SCHOOL, MUHAMMA, ALAPUZHA DISTRICT. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): ------------------------- 1. DISTRICT EDUCATION OFFICER, CHERTHALA. 2. DEPUTY DIRECTOR (EDUCATION) ALAPPUZHA. R1 & R2 BY GOVERNMENT PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, ALONG WITH WP(C) NO. 28376/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26557 of 2008(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE GOVT. ORDER DATED 18/04/05. EXT.P2 : COPY OF THE REPRESENTATION DATED 16/7/07 OF THE PETITIONER TO THE 1ST RESPONDENT. EXT.P3 : COPY OF THE ORDER DATED 8/8/07 OF THE 1ST RESPONDENT. EXT.P4 COPY OF THE ORDER DATED 5/7/08 OF THE 3RD RESPONDENT. EXT.P5 COPY OF THE GOVT. ORDER G.O.(RT)NO. 3729/07/G.EDN.DATED 10/8/2007. EXT.P6 COPY OF G.O.(MS) NO. 69/10/G.EDN DATED 28.4.2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) Nos.26557 OF 2008 & 28376 of 2009 --------------------------------------- Dated this the 8th day of March, 2011. J U D G M E N T Since these two writ petitions concern a common issue, the same are disposed of together. 2. In W.P.(C) No.26557/2008, the petitioner is working as a High School Assistant in an aided school. She entered service as an Upper Primary School Assistant on 01.08.1988 and promoted as High School Assistant on 14.06.2006. The petitioner had availed leave for the period from 27.01.2005 to 17.11.2005 for undergoing B.Ed course and the leave was sanctioned as per Exhibit P1. The challenge is against the proceedings whereby the request to treat the leave period for all consequential benefits was denied. 3. In Exhibit P3 order produced in W.P.(C) No.26557/2008, the view taken by the District Educational Officer is that in terms of the Government Order dated 01.05.2005, the period cannot be treated for sanction of higher grade. Only leave period which is supported by medical certificate alone can be counted for W.P.(C) Nos.26557/08 & 28376/09 2 sanction of grade. The same was reiterated in Exhibit P4 also. 4. In W.P.(C)No.28376/2009, already this Court has upheld the decision as per Exhibit P2 and seeking for implementation of Exhibit P3 order, the said writ petition is filed. 5. Learned counsel for the petitioners submitted that the Government has passed a recent order which is produced as Exhibit P6 in W.P.(C) No.26557/2008 wherein it is mentioned that the leave period prior to 24.05.2005, the date on which the amendment to the Kerala Service Rules were brought into effect, will be reckoned for the purpose of service benefits and the periods have been regularised also. In that view of the matter, the petitioners will be entitled for the benefit of the Government Order and appropriate orders will be passed and consequential benefits will be granted to the petitioners within a period of three months from the date of receipt of a copy of this judgment. These writ petitions are disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp