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(iii) The orders shall have retrospective effect from 24.01.1968; cases already settled will not be reopened.
(iv) Necessary amendment to the relevant rule in Part III KSRs will be issued separately."

5. Ext.P9 order dated 05.08.2016 was issued when the Accountant General sought a clarification from the Government as to the service rendered in aided College in leave vacancies of the regular aided college staff for computation of pension. Accordingly para 5(ii) of the order dated 9.5.2016 was therefore modified as follows:

"regular/broken spells including leave vacancy of aided School/aided College service of regular aided School/aided College staffs shall not be counted for pension with full time regular aided School/aided College service."

6. The contention of the petitioners is that no amendment is brought about to Part III KSR or to Rule 14E so far. Moreover an executive order cannot have any retrospective effect.

7. The contention of the respondents in the counter affidavit is that broken spells of service in leave vacancies cannot be counted for pension. No claim for pension is admitted as per Rule 4 of Part III KSR, when an employee is appointed for limited period only or for specific duty on completion of which he is to be discharged. Therefore, if one is appointed only for a limited period, he cannot have any claim for pension. The broken periods of temporary service in aided schools before his continuous service in aided schools cannot be therefore counted for pension. As per Rule 10 of Part III KSR, service of an employee does not qualify for pension unless he is appointed, his duty is regulated and paid by Government or under conditions determined by Government. Most of the petitioners are having broken periods of service in aided schools in leave vacancies before their continuous regular service. When the appointment in leave vacancies is not regularised it cannot be treated as qualifying service for pension. The aided school teachers are entitled to pensionary benefits as in the case of Government servants. At the same time, Rule 14(E)(a) of Part III KSR is applicable only to regular aided school service. It is their further case that the orders impugned in this writ petition which are issued on 9.5.16 and 5.8.16 are only clarifications to the existing statutory rule and not an order issued with retrospective effect. In aided schools and aided colleges, the teaching and non teaching staff are appointed by management and salary and pensionary benefits are given by the Government. In case the period of service of those who work against leave vacancies are reckoned for pensionary benefits, it would pave the way for creating leave vacancies after ensuring the minimum pension, creating financial burden for Government. It is their further contention that the Division Bench had in the judgment in Alizuamma v. Accounts Officer: 2013(4 ) KLT 53, held that service in leave vacancy cannot be counted for pension. Counter affidavits also point out that the aided school/college services rendered by the petitioners are for short spells and in different schools in leave vacancies. Therefore, it is stated that the broken spells of services rendered by the teachers in different aided institutions cannot be reckoned towards qualifying service.