IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37827 of 2008(C) -------------------------- PETITIONER(S): ------------------ C.C.GEORGE, P.D. TEACHER, GOVERNMENT U.P.S, VELLIYAKULAM. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT (GENERAL EDUCATION DEPARTMENT) HIGHER SECONDARY EDUCATION, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 3. THE ASST.EDUCATIONAL OFFICER, CHERTHALA. GOVT.PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 37827 OF 2008 (C) ==================== Dated this the 19th day of December, 2008 J U D G M E N T Petitioner had availed of leave without allowance for study purpose for 296 days from 7/6/01 to 29/3/2002. Ext.P1 is an order sanctioning the leave. It is stated that benefit of pay revision was granted to the petitioner counting the aforesaid period also. However, the AEO by Ext.P3 order, informed the Headmaster that the leave without allowance period is not liable to be reckoned. Thereupon the petitioner moved the authorities and Ext.P6 is the final order that is passed by the Deputy Director confirming Exts.P3 and P4, issued by the AEO. It is in these circumstances, the writ petition is filed. 2. Since the period of the leave pertains to 2001-02, the issue is squarely covered in favour of the petitioner as is seen from Ext.P7 judgment. The reasoning is that the 3rd proviso to Rule 33B(2) was deleted only w.e.f. 11/5/2005. If that be so, petitioner is entitled to reckon the aforesaid period for increment purposes as was originally done. In view of this, the writ petition will stand disposed of quashing Exts.P3, P4 and P6 and directing the authorities that the period covered by WPC 37827/08 :2 : leave without allowance referred to above shall be reckoned for increment purposes. ANTONY DOMINIC, JUDGE Rp