ABDUL RAHIMAN T Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) We are disposing of these three review petitions by a common order. Two writ petitions and one writ appeal, from which the review petitions arise, were also disposed of by a common judgment. Heard all parties.

(2.) Petitioner was a Lecturer in an aided college and was in foreign service from 02-06-1980 to 31-05-1991. He had sought for voluntary retirement from 30-04-1999, for which permission had been granted and he had been relieved. His pensionary claims were, however, rejected and he had been advised that the records would indicate that there was no qualifying service entitling him for claiming pension. A learned single had refused to intervene in the matter. Ultimately the appeal was heard along with the connected cases.

(3.) W.P.(C).No.539 of 2004 had been dismissed, as the prayers were found as untenable. W.P.(C).No.36094 of 2003 on the other hand had been allowed as Ext.P12 order challenged therein was found as unsustainable. The review petitioner submits that he should have been entitled to count his service for pensionary claims, taking notice of clause 10 of Appendix XII-A of the Kerala Service Rules. But, it is settled position that clause 10 of Appendix XII-A applies to cases where grant of leave without allowance had been availed of on or after 16-12-1983. Service on or after 16-12-1983 therefore could not have been considered as eligible period for the purpose of computation of pension.