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. 4356 of 2008(R) ---------------------------------- PETITIONER(S): ----------------------- K.SUMA, W/O.PRABHAKARAN, AGED 38 YEARS, NON-VOCATIONAL TEACHER IN COMMERCE, R.M.V. HIGHER SECONDARY SCHOOL, P.O.PERINJANAM-680 686, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.T.V.VIJAYARAJAN SRI.M.SAJJAD RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM. 3. THE ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, THRISSUR. 4. THE HEADMASTER, R.M.V.HIGHER SECONDARY SCHOOL, P.O.PERINJANAM-680 686, THRISSUR DISTRICT. ADV. SRI.K.B.GANGESH FOR R4 SMT.SMITHA CHATHANARAMBATH FOR R4 SR. GOVT. PLEADER MR. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4356/2008 R APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE GO RT NO. 411/2000.GEN OF THE DT. DT. 29/1/00. EXT.P2. COPY OF THE LETTER OF THE PRINCIPAL ST. 13/07/2006. EXT.P3. COPY OF THE LETTER NO. E.3/2183/2005 OF THE R3 DT. 1/11/06. EXT.P4. COPY OF THE LETTER NO. E3. 152/06 OF THE R2 DT. 24/3/2007. EXT.P5. COPY OF THE DECISION REPORTED IN 2007 (1) KLT 71. EXT.P5A. COPY OF THE JUDGMENT OF THIS COURT IN WPC NO. 36075/2004. EXT.P6. COPY OF THE REPRESENTATION FILED BEFORE THE GOVT. DT. 09/11/06. EXT.P7. COPY OF THE ARGUMENT NOTES OF THE PETITIONER DT. 11/07/07. EXT.P8. COPY OF THE GO RT NO. 3894/07/B1. GEN DT. 20/08/07 OF THE GOVT. EXT.P9. COPY OF THE GO RT NO. 410/2000/G.EDN OF THE GOVT. DT. 29/01/00. EXT.P9A. COPY OF THE STATEMENT OF FIXATION OF SMT. GEETHA KV. DT. 1/11/2002. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.N.Ravindran, J. ================== W.P.(C) No.4356 of 2008 ===================== Dated this the 3rd day of April, 2009. JUDGMENT The issue raised in this writ petition is covered in favour of the petitioner 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.P3, P4 and P8 are quashed and the respondents are directed to count the period of leave availed by the petitioner 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