K. Abdu Rahiman vs State Of Kerala on 8 June, 2012
4. I have considered the contentions advanced. It is
not in dispute before me that the petitioner had total
qualifying service of 22 years 4 months and 26 days. The
reasons stated for excluding the 3 years 11 months and 17
days of service is that the Government while regularizing the
periods of broken service had imposed a condition that such
service would not count for pension. The issue of counting
of broken periods of aided school service as qualifying
service for pension has already been considered by this
Court in its decision reported in Sabu Mathew v. State of
W.P.(C) No.34777 of 2017 4
Kerala (2017(4) KLT 501). This court has held that the
Government orders which stipulate that broken spells of
aided school service cannot be taken note of while
calculating qualifying service of aided school teachers is
unsustainable and has struck down the Government orders
to the extent they provide such a stipulation. In the above
view of the matter, the entire spells of service put in by the
petitioner including the broken spells of approved service
are liable to be counted for calculating the qualifying service
for pension.