Allowed

P. Krishnakumar v. State of Kerala

Kerala HC5 Jan 2016WP(C)/7479/2012

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by a school teacher seeking to reckon leave time taken for B.Ed. course as service. Holding the teacher entitled to benefits, the court made an interim fixation of pay order absolute and granted all claimed service benefits.

What did the court decide?

Period of leave availed for B.Ed. course to be reckoned for increment, grade, and pension; interim fixation of pay order dated 26.3.2012 made absolute.

P. Krishnakumar Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937

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WP(C).No. 7479 of 2012 (H)

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PETITIONER(S):

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P. KRISHNAKUMAR, AGED 42 YEAR,S HIGHER SECONDARY SCHOOL TEACHER (GEOLOGY) KARIMPUZHA HIGHER SECONDARY SCHOOL THOTTARA KARIMPUZHA POST SREEKRISHNAPURAM VIA. PALAKKAD DISTRICT-679513.

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BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HIGHER SECONDARY EDUCATION DEPARTMENT TRIVANDRUM-695001. 2. THE DIRECTOR HIGHER SECONDARY EDUCATION DEPARTMENT HOUSING BOARD BUILDINGS, SANTHI NAGAR TRIVANDRUM-695001.

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3. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, ERNAKULAM-682011.

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4. THE PRINCIPAL KARIMPUZHA HIGHER SECONDARY SCHOOL, THOTTARA KARIMPUZHA POST SREEKRISHNAPURAM VIA. PALAKKAD DISTRICT-679513.

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BY SR.GOVERNMENT PLEADER SMT.LI9LLY LESSLIE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7479 of 2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1: COPY OF JUDGMENT DATED 3.4.2009 IN WP(C).NO.30752 OF 2007. EXHIBIT P2: COPY OF GOVERNMENT ORDER G.O(MS).NO.71/2010/G.EDN. DATED 14.5.2010.

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EXHIBIT P3: COPY OF APPLICATION SUBMITTED BY THE PRINCIPAL OF THE SCHOOL IN FAVOUR OF THE PETITIONER DATED 20.3.2012 BEFORE THE 3RD RESPONDENT.

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EXHIBIT P4: COPY OF LETTER DATED 6.6.2011 BY THE 2ND RESPODNENT TO THE 3RD RESPONDENT.

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EXHIBIT P5: COPY OF ORDER IN W.P(C).NO.5301 OF 2012 DATED 5.3.2012.

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/TRUE COPY/

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PS TO JUDGE

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ANU SIVARAMAN, J.

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W.P(C).No. 7479 of 2012

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Dated this the 5^th January, 2016

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JUDGMENT

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The writ petitioner is a Higher Secondary School Teacher. He had availed leave for attending B.Ed Course. When the first respondent declined to consider the said period for higher grade and increment, the petitioner had preferred a writ petition before this Court and by Exhibit P1 judgment dated 3.4.2009 he was held

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to be eligible to count the said period for all service benefits, including pension. Though this was carried in appeal, the writ appeal was also dismissed and the State had taken the matter in SLP before the Honourable Supreme Court. On the ground that the SLP was in contemplation, the service benefits including fixation of pay was denied to the petitioner. He had therefore preferred this writ petition.

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By interim order dated 26.3.2012, the third respondent was directed to sanction the fixation of pay in the revised scale of pay as well as higher grade to the petitioner reckoning the period of leave granted for attending B.Ed Course, subject to the outcome of the SLP pending before the Apex Court. It is now

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WP(C).7479/12

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submitted that SLP.Nos.21778 of 2009 to 21781 of 2009 taken against the judgment in W.A.No.2734 of 2007 have been dismissed on 8.7.2013, confirming the judgment in the writ appeal. The learned Government Pleader has also made available a copy of a Government order dated 8.1.2014 issued after the dismissal of the SLPs ordering that the period of leave without allowance granted to Higher Secondary School Teachers for undergoing B.Ed Course under Rule 91 or 88, Part I KSR shall be reckoned for increment and grade, if it is availed before 24.5.2005. In the instant case the petitioner had availed leave for undergoing the B.Ed Course from 23.6.2004 to 31.3.2005.

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In the above circumstances, the petitioner is entitled to have the period availed by him for undergoing B.Ed Course reckoned for all service benefits, including increment, grade and pension. The writ petition is therefore disposed of making the interim order dated 26.3.2012 absolute.

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The writ petition is ordered accordingly.

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ANU SIVARAMAN

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vgs5/1

P. Krishnakumar v. State of Kerala

Case brief

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P. Krishnakumar v. State of Kerala

Case brief

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