IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 32278 of 2007(P) ----------------------------------- PETITIONER(S): --------------------- SR.LALY JOSEPH, D/O. JOSEPH, AGED 44 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, FR.J.B.M.U.P. SCHOOL, MALAYINKEEZHU, P.O.NADUKANI, KOTHAMANGALAM, ERNAKULAM-686 691. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM. 4. THE HEADMASTER, FR. J.B.M.U.P. SCHOOL, MALAYINKEEZHU, P.O.NADUKANI KOTHAMANGALAM, ERNAKULAM-686 691. SR. GOVT. PLEADER SMT. T.B. REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32278/2007 P APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE GO RT NO. 3680/04/G.EDN OF THE GOVT. DT. 19/08/04. EXT.P2. COPY OF THE ATTENDANCE CERTIFICATE DT. 31/3/2005. EXT.P3. COPY OF THE RELIEVING CERTIFICATE DT. 31/3/2005. EXT.P4. COPY OF THE DECISION REPORTED IN 2007 (1) KLT 71. EXT.P5. COPY OF THE LETTER OF THE GOVT. DT. 14/11/2006. EXT.P6. COPY OF THE REPRESENTATION FILED BEFORE THE GOVT. DT. 14/3/2007. EXT.P7. COPY OF THE G. 1614/07/L. DIS OF THE GOVT. DT. 11/6/2007. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.32278 of 2007 -------------------------------------- Dated 24th March, 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.P1, P5 and P7 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 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 TKS