IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 11639 of 2008(I) ------------------------------------- PETITIONER(S): ---------------------- S. SURESHKUMAR, H.S.S.T COMMERCE, GUHANANDAPURAM H.S.S, CHAVARA SOUTH, KOLLAM. BY ADV. MR.P.B.SAHASRANAMAN MR.K.JAGADEESH MR.T.S.HARIKUMAR RESPONDENTS/PETITIONERS/DECREE HOLDERS: ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR.T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 11639/2008-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER G.O.(RT)NO.3871/2001/G.EDN. DATED 15/10/2001. EXT.P2: COPY OF THE ORDER NO.ACD.B3/18268/HSE/01, DATED 14/04/2004. EXT.P3: COPY OF THE CLARIFICATION ISSUED BY THE PRINCIPAL SECRETARY (FINANCE), DATED 22/08/2006. EXT.P4: COPY OF THE JUDGMENT IN W.P.(C). NO. 10469/2006, DATED 08/12/2006. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ P.N.Ravindran, J. ================== W.P.(C) No. 11639 of 2008 ===================== Dated this the 11th day of March, 2009. JUDGMENT Heard Sri. P.B.Sahasranaman, the learned counsel appearing for the petitioner and Sri. T.T.Muhamood, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Higher Secondary School Teacher. He entered service on 9.10.1998. At that time, he did not possess a B.Ed. degree in the concerned subject. The petitioner was however appointed subject to the condition that he shall acquire the B.Ed. degree in the concerned subject within five years. For the purpose of undergoing the B.Ed. degree course, the Government sanctioned to him leave without allowance for the period from 7.6.2001 to 29.5.2002 as per Ext.P1 order dated 15.10.2001. The petitioner completed the B.Ed. degree course. Thereafter, the third proviso to Rule 33(b)(2) of Part I of the K.S.R. was deleted with effect from 11.5.2005, as a result of which leave without allowances availed by teachers to undergo the B.Ed. degree course will not count for grant of increments. Claiming that he had availed the leave without allowances to undergo the B.Ed. degree course prior to 11.5.2005, the petitioner moved the authorities to reckon WP(C) 11639/08 -: 2 :- the said period for the purpose of grant of increments. Though the Government had in Ext.P3 clarified that as the petitioner has availed leave without allowance to undergo B.Ed. degree prior to the Government order dated 11.5.2005, he is entitled to have the period of leave without allowances availed by him to undergo B.Ed. degree course reckoned for the purpose of grant of increments, his request was not granted. Hence this Writ Petition. 3. It is brought to my notice that a learned Single Judge of this Court has in Deepika v. State of Kerala - 2007 (1) K.L.T. 71 held that the period of leave availed before 11.5.2005 for undergoing the B.Ed. degree course shall be reckoned for service benefits including increments and pension. A Division bench of this Court has by judgment delivered on 14.1.2009 in W.A. No.1935 of 2008 held that leave without allowances availed prior to 11.5.2005 for the purpose of undergoing the B.Ed. degree course can be reckoned for the purpose of grant of increments. 4. In the light of the authoritative pronouncement of the Division Bench decision of this Court in W.A. No.1935 of 2008, I hold that the petitioner is entitled to have the period of leave sanctioned as per Ext.P1 reckoned for the purpose of grant of increments and pension. The respondents are therefore directed to give to the petitioner the benefit of increment for the said period. This shall be done within four months from the date of receipt of a certified copy of this judgment. The WP(C) 11639/08 -: 3 :- monetary benefits flowing therefrom shall be disbursed within another period of two months thereafter. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess 21/3