IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30667 of 2008(A)
1. ANNAMMA SAMUEL, W/O. THOMAS CHEIRYAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. DIRECTOR OF HIGHER SECONDARY EDUCATION,
3. REGIONAL DEPUTY DIRECTOR, OFFICE OF THE
4. MANAGER, NAIR SAMAJAM HIGHER SECONDARY
5. PRINCIPAL, NAIR SAMAJAM HIGHER SECONDARY
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :18/03/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No. 30667 of 2008-A
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Dated this the 18th day of March, 2009.
J U D G M E N T
Heard Sri.S.Subhash Chand, the learned counsel
appearing for the petitioner and Sri.T.T.Muhamood, the learned
Government Pleader appearing for respondents 1 to 3. Though
respondents 4 and 5 have been served there was no appearance on
their behalf when the case was called for hearing today.
2. The petitioner is presently working as Higher Secondary
School Teacher in Sociology in the fourth respondent’s school. She
was appointed as Higher Secondary School Teacher in Sociology by
Ext.P1 order dated 23.9.1998. When she was appointed as Higher
Secondary School Teacher, she did not possess a B.Ed degree in the
concerned subject. Therefore her appointment was approved
subject to the condition that she should acquire the B.Ed degree
within a period of three years from the date of appointment. After
the petitioner entered service, she applied for leave without
allowances for the period from 1.7.2000 to 30.3.2001 for the
purpose of undergoing the B.Ed degree course. The leave applied
W.P(C) No. 30667 of 2008-A 2
for was granted by Ext.P6 order dated 5.3.2001. The petitioner
successfully underwent the B.Ed degree course and thereupon her
appointment was approved on a regular basis.
3. When the 2006 pay revision was introduced, the pay of
the petitioner was fixed, reckoning the period of leave from
1.7.2000 to 30.3.2001 as period qualifying for the grant of
increments and other service benefits. Later, the said pay fixation
was objected to on the ground that the leave without allowances
availed by the petitioner to undergo the B.Ed degree course cannot
be reckoned for the purpose of grant of increments and other
service benefits. Ext.P18 order by which the fixation of pay was
objected to, is under challenge in this writ petition. The issue raised
in this writ petition is in my opinion covered in favour of the
petitioner by the judgment of the Division Bench of this Court in
W.A.No.1935 of 2008 and connected cases. In the said judgment,
the Division Bench of this Court held that leave without allowances
availed by teachers prior to 11.5.2005 when the third proviso of
Rule 33(b) (2) of Part I of the KSR was deleted can be reckoned for
the purpose of grant of increments and pensionary benefits. In the
light of the decision of the Division Bench to which State of Kerala is
W.P(C) No. 30667 of 2008-A 3
a party, I am of the opinion that the stand taken by the respondents
in Ext.P18 cannot be sustained. In the instant case, the petitioner
availed leave without allowances to undergo the B.Ed degree course
during the period from 1.7.2000 to 30.3.2001 at a time when the
third proviso to Rule 33(b) (2) of Part I of the KSR was in force. The
petitioner is therefore entitled to the benefit of the decision of the
Division Bench of this Court in W.A.No.1935 of 2008 and connected
cases. The writ petition is accordingly allowed, Ext.P18 is quashed
and the respondents are directed to reckon the leave availed by the
petitioner during the period from 1.7.2000 to 30.3.2001 for the
purpose of undergoing B.Ed degree course for all service benefits
including increments and pension. Consequential orders re-fixing
the petitioner’s pay and allowances shall be issued within three
months from the date of receipt of a certified copy of this judgment
and payment of arrears of salary and allowances shall be made
within one month thereafter.
The writ petition is disposed of as above.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
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