Antony Dominic, CJ This writ petition is filed by the Deputy Director of Education and others questioning an order passed by the Kerala Lok Ayukta in complaint No.2070/07. We heard the learned Government Pleader appearing for the petitioners and considered the submissions made. The claim raised by the 1 st respondent in his complaint before the Lok Ayukta was that the spells of absence on leave without allowance availed by him for study purpose should also be reckoned as qualifying service for the purpose of quantifying pension. By the order impugned, the Lok ayukta has allowed his prayer and it is this order which is impugned in this writ petition.
2. Leave Without Allowance was granted to the 1 st respondent in terms of the provisions contained in Part-III of the KSR. Going by Rule 26 of Part-III, KSR, if the Leave Without Allowance granted is without conditions, the said period is also liable to be reckoned as qualifying service. In so far as this case W.P.(C).No.2128/10 2 is concerned, admittedly, the petitioners were not in a position to produce the orders issued by the Government granting Leave Without Allowance to substantiate the contention that the period in question would not be reckoned as qualifying service. It is also a fact that the details of the period during which the Leave Without Allowance was availed by the respondent was mentioned in his service book and those entries also did not contain any condition that the Leave Without Allowance granted was subject to the condition that the same would not be reckoned for the purpose of calculating qualifying pension.
In such a situation, the conclusion arrived at by the Lok Ayukta that the respondent was eligible to have the period of Leave Without Allowance counted for the purpose of reckoning his quantifying pension cannot said to be illegal. We do not find any reason to interfere with the order of the Lok Ayukta.
The writ petition fails and the same is dismissed.
Sd/-
Antony Dominic, Chief Justice Sd/-
Dama Seshadri Naidu, Judge True copy P.A to Judge DG/22.03.18