High Court Kerala High Court

Renjithlal K.P. vs The State Of Kerala on 24 March, 2009

Kerala High Court
Renjithlal K.P. vs The State Of Kerala on 24 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29753 of 2008(P)


1. RENJITHLAL K.P., P.D. TEACHER,
                      ...  Petitioner
2. SIVANANDAN V.M.,
3. SHEENA.K.P.
4. SHEEJA.V., P.D. TEACHER
5. RANJITH KUMAR PALLITHARA,

                        Vs



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

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS

3. THE DISTRICT EDUCATIONAL OFFICER,

4. THE DISTRICT EDUCATIONAL OFFICER

                For Petitioner  :SRI.K.M.JAMALUDHEEN

                For Respondent  : No Appearance

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

 Dated :24/03/2009

 O R D E R
                          P.N.RAVINDRAN, J.
                     -------------------------------------
                      W.P.(C).No.29753 of 2008
                     --------------------------------------
                       Dated 24th March, 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.P6(a) to P6(e) to the extent

they stipulate that the leave sanctioned therein will not count for

service benefits and Ext.P16 are quashed and the respondents are

directed to count the period of leave availed by the petitioners 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