CHAPTER III
Rules for Reckoning service- Special addition
25.(a) Persons recruited from the Bar after the age of 25 years to appointments in Government service may add to their service qualifying for superannuation pension (but not for any other kind of pension) the actual period not exceeding 10 years by which their age at the time of recruitment exceeded 25 years provided that no employee can claim the benefit of this rule unless his actual qualifying service at the time he becomes eligible for superannuation pension is not less than eight years. This concession is also subject to the condition that the period that may be so added shall not at any time exceed the actual period of the employee’s practice at the Bar.
Provided that the benefit under this sub-rule shall be available only to employees who are recruited when practicing at the Bar to posts requiring law qualification and experience at the Bar.
No application will be entertained for pension or extra pension on the ground that the appointee did not get an opportunity for service for the qualifying period.
For the purpose of this rule, the period of actual practice at the Bar need not be continuous. Actual period of practice even if it is in different spells will be reckoned for pension subject to the other conditions in the rule.
A certificate issued by the Presiding Officer of the Court where the Officer practiced before entering Government service may be accepted as sufficient proof of Bar service.
Deleted
(i)for the period of service rendered by an employee for which pay was borne wholly either by the State or the Central Government, the liability for pension for the said period shall be of the Government concerned;(ii)for the period of service rendered by an employee for which pay was borne by the Central and State Government in the proportion of 60:40, the liability for pension for such period will be shared by the Governments concerned in the same proportion.
Section II
Periods of leave and training
26.(a) Time passed on leave of all kinds with allowances shall count as qualifying service.
(b)Time passed on leave of all kinds without allowances shall not count as qualifying service, except the period of Leave Without Allowances availed of under rule 88, Part I Kerala Service Rules, on medical certificate, Leave Without Allowances availed of under rule 91 A, Part I, Kerala Service Rules for study purposes subject to the condition laid down in provisio to rule 33 (b) (2), Part I Kerala Service Rules and Leave Without Allowances up to 60 days taken under the proviso to rule 102, Part I, Kerala Service Rules in continuation of maternity leave.
Government Decision
The authority competent to declare a spell of leave as non-qualifying for pension will be the Government and the grounds on which the periods of leave will be treated as non-qualifying, will be laid down by general or special orders issued from time to time.
This decision takes effect from 27th June 1974
27.Period of Training – The Government may at their discretion decide in the case of a person it training for , but not actually appointed to, Government service, whether the time spent in training shall count as service qualifying for pension.
Section III
Suspension, Resignations and Interruption in Service
28.Period of Suspension – Time passed under suspension does not count for pension unless otherwise ordered by the authority competent to do so.
Time passed under suspension pending enquiry into conduct counts in full where, on conclusion of the enquiry, the Government employee has been fully exonerated or the suspension is held to have been wholly unjustified in other cases, the period of suspension does not count unless the authority competent to pass order under rule 56, part I, expressly declares at the time that it shall count, and then it shall count only to such extent as the competent authority may declare.
(a) Resignation of the Public Service or dismissal or removal from it, entails forfeiture of past service.
(b) Resignation of an appointment to take up another appointment the service in which counts is not resignation from public service.
Note:– The break between the two appointments should not exceed the joining time admissible under the service rules plus the public holidays.
Note 2:– Deleted
The authority competent to fill up the appointments to the posts in cadre in which an employee is borne, shall be the authority to declare interruption in his service as non-qualifying for pension.