The petitioner, who is working as HSST (Physics) in an aided School, has filed this writ petition aggrieved by Exts.P3, P6 and P7. She gave birth to three babies on 24.11.2007. She was granted maternity leave from 20.11.2007 for a period of 135 days. On joining duty, she had applied for leave again, in view of the fact that she had to take care of three babies, who were having poor health and under weight. Simultaneously she submitted Ext.P1 application for leave without allowance for a period of three years from 9.6.2008 to 8.6.2011 based on medical certificate. The reason stated for leave was "to look after three new born babies and nursing them having under weight and poor health". The Regional Deputy Director forwarded the application along with the medical certificate Ext.P2, in which it was certified that her presence was extremely necessary near the three babies with under-weight and poor health for nurturing them at least for three years. But Government by Ext.P3 order granted her leave without allowance for private affairs under Rule 88, Part I of KSR on specific condition that the leave period will not count for any service benefits including pension and the same will be recorded in the service book.

2. Since her presence was again required on medical grounds, petitioner submitted another application, in continuation of the leave, for another period of two years from 9.6.2011 to 8.6.2013 as per Ext.P4 along with Ext.P5 medical certificate, certifying the requirement for leave. Government issued Ext.P6 order on similar lines as in Ext.P3 again granting her leave under Rule 88, Part I of KSR on private affairs and without any service benefits.

3. The petitioner filed this writ petition challenging these orders pointing out that under note to Rule 102 of Part I KSR regular leave in continuation of maternity leave is admissible to a female officer on production of a certificate to the effect that new born baby requires personal attention of the mother.

4. Respondents have filed counter affidavit. It is stated that the petitioner was granted the admissible maternity benefits for a period of 135 days and she is not entitled to leave in excess of what was granted. It is stated that she was granted leave without allowance for a further period of five years in two spells on the basis of her application on condition that the leave without allowance will not be counted for any service benefits.

5. Heard both sides and considered the rival contentions.

6. The petitioner has submitted her application for leave along with medical certificate. In order to determine the claim raised by the petitioner, it is necessary to examine the provisions in Rule 102 of Part I KSR as well as other rules in KSR relating to admissibility of service benefits during the period of leave without allowance. Rule 102 of Part I KSR read as follows:

102 : Maternity leave may be combined with leave of any other kind but leave applied for in continuation of the former may be granted only if the request be supported by a Medical Certificate:

Provided that no Medical Certificate shall be necessary for grant of any leave for a period not exceeding sixty days in continuation of maternity leave.

Note.- Regular leave in continuation of maternity leave may also be granted to a female officer on her producing a Medical Certificate to the effect that the new born baby requires personal attention of the mother and her presence by the side of the baby is absolutely necessary.

Explanation: The kinds of leave coming under regular leave mentioned in the Note are Earned Leave, Half Pay Leave, Leave not Due and leave Without Allowances only.

Explanation provides for the kinds of leave coming under 'regular leave' mentioned in the Note i.e. earned leave, half pay leave, leave not due and leave without allowance. The next question to be examined is whether any service benefits are admissible when leave without allowance is granted.

7. Rule 33 of Part I KSR deals with conditio