IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29988 of 2007(T)
1. NISHA P.NAIR, NON VOCATIONAL TEACHER
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :02/04/2009
O R D E R
P.N.Ravindran, J.
==================
W.P.(C) No.29988 of 2007
=====================
Dated this the 2nd day of April, 2009.
JUDGMENT
Heard Sri. Mathew John, the learned counsel appearing for the
petitioner and Smt. A.J.Varghese, the learned Government Pleader
appearing for the respondents.
2. The petitioner is a Non Vocational Teacher in English. By Ext.P1
order dated 3.7.2004 she was granted leave without allowances from
1.7.2004 to 25.3.2005 for the purpose of undergoing the B.Ed. degree
course subject to the condition that leave period will not count for
service benefits including pension. After the petitioner completed the
course, she moved the Government to dispense with the stipulation in
Ext.P1 that leave period will not count for service benefits including
pension. That request was rejected by the Government by Ext.P8 order
dated 10.9.2007 holding that since the B.Ed degree is an essential
qualification, the request made by the petitioner cannot be equated to
the case of the petitioner in W.P.(C) No.26782 of 2005 which was
disposed of by Ext.P4 judgment. Ext.P8 is under challenge in this Writ
Petition.
3. In Ext.P4 judgment a learned Single Judge of this Court held that
the leave without allowances availed by the petitioners therein for the
purpose of undergoing B.Ed. degree course can be reckoned for the
WP(C) 29988/07 -: 2 :-
purpose of increments and other service benefits, if they are not
otherwise ineligible. The decision of the learned Single Judge in Ext.P4
was affirmed by the Division Bench of this Court. Ext.P4 judgment has
become final. A similar view was taken by another Division Bench of this
Court in W.A.No.1935 of 2008, wherein it was held that leave without
allowances availed by teachers for the purpose of undergoing the B.Ed.
degree course can be reckoned for the purpose of grant of increments
and pension. In view of the decision of the Division Bench of this Court
in W.A. No.1935 of 2008, Ext.P8 cannot be sustained. It is accordingly
quashed. The stipulation in Ext.P1 that the leave without allowances
sanctioned thereunder will not count for the purpose of service benefits
including pension is also quashed. The respondents are directed to
reckon the leave period for the purpose of grant of increments and other
service benefits. Orders in that regard shall be passed within three
months from today. Disbursement of arrears of monetary benefits shall
be made within another three months thereafter.
The Writ Petition is allowed as above.
P.N.Ravindran,
Judge.
ess