Kurian Joseph, J.

Whether a non-permanent officer in regular service, who has not completed probation in the entry grade, availing leave without allowance is entitled to count his service prior to the leave for the purpose of pension is the question to be considered in this appeal.

2. Leave is not a matter of right. But once leave is granted, the incumbent shall be bound by the conditions attached to the leave. Appendix XII-A prescribes the rules for the grant of leave without allowances for taking up employment abroad or within India. Rule 88 Part I KSR deals with leave without allowances. Sub-rule (ii) of Rule 88 provides that "except in the case of an officer in permanent employ, the duration of leave without allowances shall not exceed 3 months on any one occasion". However Exception 2 provides that the limitation in sub-rule (ii) shall not apply to the grant of leave without allowances regulated by the rules in Appendices XIIA, XIIB and XIIC. Rule 110B deals with leave for taking up employment abroad or within India. The Rule provides that "rules for grant of leave without allowances for taking up employment abroad or within India are given in Appendix XIIA." Append