IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No.22226 of 2009(W) -------------------------------- PETITIONER: -------------- PRIYA NAMBIAR, HSA (MATHS), ST.FRANCIS HSS FOR GIRLS, ALUVA, ERNAKULAM. BY MR.TOJAN J. VATHIKULAM, ADVOCATE. MS.BEENA JOHN, ADVOCATE. MR.PREMCHAND R.NAIR, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA - REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE HEAD MISTREES, ST.FRANCIS HSS FOR GIRLS, ALUVA, ERNAKULAM. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22226 OF 2009 --------------------------------------- Dated this the 6th day of August, 2009. J U D G M E N T The petitioner is working as H.S.A (Maths) in the St.Francis Higher Secondary School for Girls, Aluva. She is mainly aggrieved by the non-reckoning of the period of Leave Without Allowance availed of by her for acquiring B.Ed for service benefits. 2. The petitioner was initially appointed as L.P.S.A in the Holy Ghost Convent Girls HSS, Thottakkattukara, Aluva with effect from 03.06.1997. While so, the petitioner was selected for B.Ed degree course under the departmental quota as per Exhibit P1 proceedings of the Director of Public Instruction. The petitioner had applied for leave without allowance to undergo the course and she was granted the same for 272 days from 04.07.2003 to 31.03.2004 as per Exhibit P2 Government Order. But, it was specified therein that the said leave granted to the petitioner will not count for any service benefits including pension W.P.(C) No.22226/2009 2 and that the above fact will be so recorded in the Service Book of the petitioner. 3. It is contended that in the light of the proviso to Rule 33 (b) (2) of Part I K.S.R which was in force as on the date of availing the leave, the leave without allowance availed of by the teachers for acquiring B.Ed was eligible to be counted for increments. It is in this circumstance, the petitioner filed Exhibit P3 representation to delete the condition in Exhibit P2. Exhibit P4 is a further representation submitted before the Deputy Director of Education. While the representations were pending, the petitioner was promoted as H.S.A (Maths) on 01.06.2005. Again the petitioner filed Exhibit P5 representation. Exhibit P6 is the order dated 28.01.2009 issued by the 3rd respondent sanctioning subsistence allowance to the petitioner. 4. It is submitted that this Court in Writ Appeal No.2734/2007 declared that the leave without allowance availed of by the persons like the petitioner will count for service benefits. Accordingly, the petitioner filed Exhibit P7 representation before the Government. Another representation W.P.(C) No.22226/2009 3 was filed before the 3rd respondent also. The 3rd respondent returned the same by Exhibit P9 endorsement directing the petitioner to approach the 1st respondent. It is therefore prayed that the 1st respondent may be directed to take a decision on Exhibit P7 after hearing the petitioner within a time frame. The 3rd respondent is therefore directed to forward the representation which was returned as per Exhibit P9 endorsement with remarks if any to the 1st respondent within a period of three weeks from the date of production of a copy of this judgment. The 1st respondent will thereafter take a decision, after hearing the petitioner, within a further period of two months. The petitioner will produce a copy of the judgment in Writ Appeal No.2734/2007 relied on by her before the 1st respondent. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp