The court upheld that periods of leave without allowance should count towards pension eligibility if taken before a specific date, confirming prior judgments and directing pension recalculation.

JUDGMENT

P.V.BALAKRISHNAN,J This intra-court appeal is filed by the respondents in W.P.(C)

No.2209/2017, challenging the judgment dated 22.11.2021, allowing the writ petition filed by the respondent herein.

2. The respondent herein/writ petitioner joined the Kerala State Road Transport Corporation (hereinafter referred to as 'KSRTC', for short) as a conductor on 13.06.1990 and retired on 30.09.2012. He is aggrieved by Exts.P3 and P10 orders passed by the KSRTC denying him pensionary benefits on the ground that he is not having the qualifying service for getting pension. According to the respondent, the period of Leave Without Allowance (hereinafter referred to as 'LWA', for short), which he had availed from 24.08.2009 to 02.07.2010, has wrongly been omitted by the KSRTC while reckoning the qualifying service for getting pension and if the same is also included, he will be entitled for pension. It is hence, aggrieved by Exts.P3 and P10 orders passed by the KSRTC, the respondent filed the afore writ petition seeking the following reliefs:

“(i) To issue a writ of certiorari or any other writ or orders calling for the records leading to Exhibits P3 and P10 orders and quash the same in so far imposing a condition to the effect that the leave without allowance sanctioned to the petitioner from 24/8/2009 will not count for any pensionary benefits.

(ii) To declare that the petitioner is entitled to treat the period of leave without allowance availed prior to 10/6/2010 will count for pensionary benefits as held in Exhibits P4 and P5 judgments of this Honourable Court.

(iii) To issue a writ of mandamus or any other writ or order or direction directing the respondents to re-compute the qualifying service duly reckoning the period of leave without allowance sanctioned to the petitioner from 24/8/2009 to 10/6/2010 for pension and sanction eligible pension and pensionary benefits due to the petitioner immediately.”

3. The learned Single Judge by judgment dated 22.11.2021, allowed the writ petition and directed the appellants to treat the period from 24.08.2009 to 02.07.2010 for qualifying service for the purpose of pension and otherwise, and grant the reliefs in accordance with law. It is aggrieved by the said direction, the respondents in the writ petition have preferred this writ appeal. 4. Heard Adv.Deepu Thankan, the learned standing counsel appearing for the appellants and Adv.N.Sasidharan Unnithan, the learned counsel appearing for the respondent.

5. The learned standing counsel for the appellants, by relying on Ext.P11 circular issued by the KSRTC, contended that those employees who have availed LWA without medical certificate and those who have retired after 10.06.2010 are not entitled to calculate the period of LWA as qualifying service for pension. He also submitted that a person is entitled to get pension only for the period in which he was drawing salary, and hence for the period wherein no pay was granted, pension cannot be claimed.

6. Per contra, the learned counsel for the respondent supported the impugned judgment and contended that, there are no grounds to interfere with it. He submitted that, the issue in this case has already attained finality by the judgments of this Court in Exts.P4 and P5, which is confirmed by the Apex Court by Ext.P6 order. He also argued that Ext.P11 circular is very clear and it would show that LWA, without medical certificate availed prior to

10.06.2010, has to be treated as qualifying service for pension. 7. The short point that arises for consideration in this writ appeal, is whether the respondent, who retired from service as early as on 30.09.2012, is entitled to reckon the peri