Qualifying service for pension is confined to paid leave under the Pension Rules; administrative instructions cannot expand entitlement.

Only leave during service for which leave salary is payable counts as qualifying service for pension under the CCS (Pension) Rules, 1972, and the plain language of the Rules leaves no room for a contrary interpretation. Administrative instructions, service-book notes, supplementary rules, and interruption-related provisions cannot override the statutory scheme where there is no forfeiture of past service. A voluntary retirement scheme or later pension arrangement does not enlarge pension entitlement beyond the Pension Rules. On that basis, the period of leave without salary was correctly excluded from qualifying service and pension on the claimed basis was not available.

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Issues: Whether the period of absence for which no leave salary was payable could be excluded from qualifying service for pension, and whether the VRS qualifying condition could control pension entitlement contrary to the Pension Rules.

Analysis: Rule 21 of the Central Civil Services (Pension) Rules, 1972 provides that only leave during service for which leave salary is payable counts as qualifying service. Rule 3(1)(q) defines qualifying service in terms of service to be taken into account for pension, and the plain language of the Rules admits of no contrary interpretation. Rules dealing with interruption in service and condonation of interruption do not apply where there is no forfeiture of past service. Government decisions, service-book instructions, and supplementary rules are only administrative instructions and cannot override the statutory Rules. The fact that the pension scheme was introduced after the respondents had been governed by the contributory provident fund scheme, and that the VRS contemplated eligibility for retirement benefits, did not enlarge entitlement to pension beyond the Pension Rules.

Conclusion: The period for which leave salary was not payable was rightly excluded from qualifying service, and the respondents were not entitled to pension on the basis claimed. The appeal was allowed and the impugned order was set aside.

Ratio Decidendi: Where pension rules use clear and unambiguous language, only leave for which leave salary is payable can be counted as qualifying service, and administrative instructions cannot override that statutory mandate.

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