JUDGMENT : Shaffique, J. The appeal is filed against the judgment dated 24.7.2017 in W.P. (C).No.33859/2009. The writ petitioner had approached this Court challenging Ext.P8 by which her request for considering her previous service in a private college in the State of Andhra Pradesh to be tagged along with the service rendered by her in a private college in the State of Kerala, came to be rejected on the ground that there is no provision to reckon the previous service in a private college in another State, along with State Service. 2. The learned Single Judge however placing reliance on an earlier judgment in W.P.(C).No.37176/2003 decided on 12.3.2007 (O.Indira Devi Amma v. State of Kerala and Others), allowed the writ petition and directed the respondents to reckon petitioner's service in the State of Andhra Pradesh as qualifying service for the purpose of pension and retiral benefits. 3. In the counter affidavit filed by the Government, it was specifically stated that in so far as the petitioner was working as Junior Lecturer at St.Treasas College, Eluru, Andhra Pradesh from 21.7.1969 to 20.11.1979 and the said service cannot be treated as continuous service in the State of Kerala where she was employed from 21.11.1979 at Providence Women' College, Kozhikode, the pension rules does not permit grant of computation of pensionary benefits on the basis of service in an outside State. It is argued that the learned Single was not justified in placing reliance upon the judgment in W.P. (C).No.37176/2003. 4. On the other hand, learned counsel for the writ petitioner/respondent herein submits that in so far as the judgment in W.P.(C).No.37176/2003 has become final, the Government is bound to comply the same principle with reference to the petitioner as well and therefore the learned Single Judge was justified in issuing the aforesaid direction. That apart, it is submitted that as per Rule 11 of Part III KSR the Government can in individual cases, and subject to such conditions as they may think fit to impose in each, allow service rendered by an employee to count for pension. Such an exercise has not been done by the Government while issuing Ext.P8. 5. That apart, it is submitted that as per Rule 11 of Part III KSR the Government can in individual cases, and subject to such conditions as they may think fit to impose in each, allow service rendered by an employee to count for pension. Such an exercise has not been done by the Government while issuing Ext.P8. 5. There is no dispute about the fact that in terms of Rule 10 of Part III KSR, the service of an employee does not qualify for a pension unless he is appointed, his duties regulated and paid by the Government or under conditions determined by the Government. Rule 10 reads as under: “10. The service of an employee does not qualify for pension unless he is appointed, his duties regulated, and paid by the Government or under conditions determined by the Government.” 6. Rule 11 is relied upon by the counsel for writ petitioner which reads as under: “11.Notwithstanding the provisions of Rule 10, the Government may, (1) declare that any specified kind of service rendered shall qualify for pension; and (2) in individual cases, and subject to such conditions as they may think fit to impose in each case, allow service rendered by an employee to count for pension. Note 1. Service rendered under Governor's Household prior to 18th September 1963 will qualify for pension in the case of an employee absorbed therefrom in a post in the Governor's Secretariat, on the certificate of the Secretary, Governor's Household, Raj Bhavan or the Secretary to Governor as the case may be, as to the correctness of such service. Note 2. Temporary employees of the Government of India on deputation to the State Government who are subsequently absorbed in the service of the State Government will be allowed to count for pension the period of their continuous temporary service under the Government of India immediately preceding the service under the State Government (vide also Rule 61), (Employees of State Government Departments who left the former service in Central Government/Central Public Sector Undertakings on their own volition for taking up appointment in State Government Departments will be allowed to reckon their prior service for all pensionary benefits along with the service in State Government Departments. In the case of prior service rendered by Central Government Employees in State Government and vice versa, the liability of pension including gratuity, will be borne in full by the Central Government/State Government to which the Government servant permanently belongs at the time of retirement and no recovery of proportionate pension will be made from Central Government/State Government under whom he had served. But in the case of employees who left the former service in Central Public Sector Undertakings, this benefit will be available only if the former employer remits the share of proportionate pro-rata pension liability on a service share basis.” 7. Learned Government Pleader placed reliance on Rule 14E (a) and (b) which reads as under: “14E. (a) Aided School Service put in by Government employees prior to entry in Government service qualifies. Takes effect from 24th January 1968. ((b) Aided private college service, both teaching and non-teaching, of Government employees prior to their entry in Government service shall qualify for pensionary benefits, subject to the following conditions, namely:- (i) The actual period of regular full time service rendered from the date of actual introduction of Direct Payment System in the aided private college shall be counted (ii) Service rendered prior to the introduction of Direct Payment System in any aided private college shall be counted only for the period of those incumbents who have been paid salary under grant-in-aid scheme introduced with effect from 1965 (iii) In cases of resignation of the appointment in private college service for the purpose of taking up appointment in Government, break, if any, between the private college service and the Government service shall not exceed the joining time admissible under the service rules, plus public holidays. Service prior to resignation for other purposes shall not be counted. (iv) The Government contribution if any, to their Provident Fund Account in respect of their aided private college service shall be refunded to Government. (v) The Management's share of contribution if any in Provident Fund Account in respect of aided private college staff shall be credited to Government. In such cases, a certificate in the following form shall be recorded in the Service Book by the Head of Institution in which the incumbent had worked duly countersigned by the Head of the Department. (v) The Management's share of contribution if any in Provident Fund Account in respect of aided private college staff shall be credited to Government. In such cases, a certificate in the following form shall be recorded in the Service Book by the Head of Institution in which the incumbent had worked duly countersigned by the Head of the Department. "Certified that the Governments'/Managements' share of contribution with interest thereon which should otherwise have gone to the employee has not been/shall not be paid to him/her but has been/shall be credited to Government." The certificate regarding the crediting of Managers' contribution is not necessary when contributions are to be paid back to the Management under rules. (vi) For counting the aided private college service, a certificate in the following form shall be recorded in the Service Book by the Head of the Institution in which the incumbent had worked duly countersigned by the Head of the Department. "Service has been verified with reference to the initial records such as attendance registers, acquittance rolls, pay bills etc., and is qualifying for pension.” 8. Necessarily, when pension is payable, normally the employee has to be appointed and his duties should be regulated and paid by the Government in terms of Rule 10. Apparently, this is a case in which the petitioner was working outside State of Kerala and therefore under normal circumstances that service cannot be reckoned unless there is a rule which prescribes otherwise. In fact, Note 1 and 2 of Rule 11 are exceptions in that regard, which we are not concerned. Note 2 in fact relates to service under the Central Government and in certain events it will be reckoned for computing pension once he become an employee in the State. That is not the situation here. Aided school teachers' service are also to be reckoned for the purpose of computing pension. But it should be within the State. 9. The learned Single Judge while disposing of W.P. (C).No.37176/2003 proceeded on the basis that even though there are no Rules, once notional promotion is granted and salary was given to the said petitioner to the post of Selection Grade Lecturer on the basis of previous appointment in a different State, the same principle has to be applied while granting pension. Such a view according to us cannot be sustained. Such a view according to us cannot be sustained. The right to get pension is subject to the Rules framed by the Government and as already stated, only a Government employee or a person to whom salary is paid by the Government is entitled for pension in terms of the Rules. Under such circumstances, in the absence of any such Rules, merely for the reason that her previous appointment in a different State was computed for the purpose of granting her promotion by itself does not indicate that the candidate is eligible for pension. Such a view cannot be taken and therefore we overrule the judgment in W.P.(C).No.37176/2003. Consequently, the judgment of the learned Single Judge in the above case is also set aside. In the result, this writ appeal is allowed, setting aside the judgment dated 24.07.2017 in W.P.(C).No.33859/2009. However, it shall be open for the petitioner to submit a representation to the Government in terms of Rule 11 of Part III KSR. If any such representation is filed, it shall be considered and appropriate orders passed within a period of three months from the date of receipt of the representation along with a copy of this judgment.