IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7272 of 2009(D) ------------------------- PETITIONER: --------------- G.LALITHAMMA, RETIRED SEINOR SUPERINTENDENT,KERALA STATE ELECTRICITY BOARD, RESIDING AT POURNAMI,MRA 37,PONGUMOODU, THIRUVANANTHAPURAM-11. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BORAD, REP.BY ITS SECRETARY,VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM),VYDYUTHI BOARD, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI. K.S ANIL, SC KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.7272 of 2009 -------------------------- Dated this the 6th March,2009 J U D G M E N T Petitioner seeks for a direction to count the period of Leave Without Allowances as qualifying service for pension. She was working as Senior Superintendent under the K.S.E.B at the time of retirement. The facts necessary for the disposal of this writ petition are the following. 2. She entered service as Junior Assistant on 31.12.1970. While working as Senior Assistant she had availed leave without allowances for a period of five years from 13.2.1978 to 10.2.1983 as per the Board Order No.EA-III-32280/77 dated 15.11.1977. After she rejoined duty, there was an objection regarding the counting of service during the period in which she was on leave without allowances for the purpose of grade promotion. She approached this Court by filing O.P. No.15190/2001. This Court by Exhibit-P1 judgment directed that the period shall be counted for the purpose of grade promotion. The said judgment was confirmed in W.A W.P ( C) No.7272 of 2009 2 No.2504 of 2002. 3. Presently, she is claiming that the said period should be counted for the purpose of computing the qualifying service for pension. Petitioner is relying upon the order passed in respect of a similarly situated officer Smt. M.J. Rajam (retired Assistant Audit Officer). Seeking for appropriate orders, she has filed Exhibit-P2 representation and since they are not answered in her favour, she has filed this writ petition. 4. A reading of Exhibit-P1 shows that this Court considered the question of reckoning the period during which the petitioner was continuing under leave without allowances for the purpose of higher grade benefits after finding that the said period will not be counted for pension and will be recorded in the service book. The order granting leave was produced as Exhibit-P10 therein. The terms of the orders have been referred to in paragraph 4 of the judgment. 5. Heard learned standing counsel for the Board. 6. In paragraph 4 of the judgment, the following findings have been rendered: W.P ( C) No.7272 of 2009 3 “The leave period between 13.2.1978 to 10.2.1982 was reckoned for granting the first and second higher grades. Only for the grant of third higher grade, objection is raised. The petitioner has been granted leave by Exhibit-P5 order. The said grant of leave was subject to the order dated 29.8.1970. The said order is produced as Exhibit-P10 by the petitioner along with C.M.P. No.33648/2002. A reading of Exhibit-P10 would show that leave without allowance if any granted will not be counted or pension and will be recorded in the service book. So learned counsel for the petitioner submits that since there is an express exclusion that the leave period will not be counted for pension it should be presumed that the period of leave without allowance can be counted for all other purposes.” 7. Ultimately this Court found that the benefit of higher grade may be granted and accordingly a direction was issued to release the pensionary benefits to her. Therefore, as far as the petitioner is concerned she is bound by the findings rendered by this Court. The arguments therein would show that her specific contention was that the period of leave without allowance even though cannot be counted for the purpose of pension, it could be counted for other purposes. That was accepted by W.P ( C) No.7272 of 2009 4 this Court. Now, at this stage, petitioner cannot turn round and contend for the position that the said period should have been reckoned for the purpose of pension also. This Court entered such a finding in view of the fact that going by the order granting the leave there was specific condition to that effect. If that be so, as the petitioner has accepted the conditions for the purpose of availing the leave cannot go back on the same and seek for further benefits. A person who was availed of leave without allowances in terms of the order granting the leave cannot contend that she is not bound by the terms of the said order. The specific condition that it will not be counted for the purpose of pension is binding and conclusive. Exhibit- P3 judgment cannot therefore advance the case of the petitioner at all. In that view of the matter the writ petition fails and the same is dismissed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.7272 of 2009 5 W.P ( C) No.7272 of 2009 6 W.P ( C) No.7272 of 2009 7