High Court Kerala High Court

Bincy Jacob vs State Of Kerala on 3 April, 2009

Kerala High Court
Bincy Jacob vs State Of Kerala on 3 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30644 of 2008(W)


1. BINCY JACOB, W/O.SOJAN ANTONY, AGED 37
                      ...  Petitioner
2. C.L.LEENA, W/O.PAULSON, AGED 39 YEARS,

                        Vs



1. STATE OF KERALA, REPRESENTE BY THE
                       ...       Respondent

2. ASSISTANT EDUCATIONAL OFFICER,

                For Petitioner  :SRI.JOHN NUMPELI (JUNIOR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :03/04/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                      -------------------------------------
                       W.P.(C).No.30644 of 2008
                      --------------------------------------
                           Dated 3rd April, 2009

                                JUDGMENT

The issue raised in this writ petition is covered in favour of

the petitioners 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, P7, P8 and P11 are quashed and

the respondents are directed to count the period of leave without

allowances availed by the petitioners for undergoing the B.Ed. Degree

course for the purpose of grant of increments and other service benefits

including pension. Necessary orders regarding sanctioning of

increments shall be issued within three moths from the date of receipt

of a copy of this judgment and 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