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Kerala High Court
P.E.Ramesan vs State Of Kerala on 1 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6262 of 2006(U)


1. P.E.RAMESAN, MECHANIC, HC 4998,
                      ...  Petitioner
2. SASI K., FITTER, HC 4999, AR CAMP,
3. A.T.THOMAS, ARMOURER, PC.4820,
4. C.MOHANAN, BARBER, CF 170, AR CAMP,
5. CHARLEY, MENDEZ A.,
6. ABRAHAM A.D., DIRVER PC.5247,
7. JANARDHANAN PILLAI, DRIVER HC 3996,
8. P.V.VARGHESE, DRIVER HC 4000(RTD),

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR GENERAL OF POLICE,

3. THE DISTRICT SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.MATHEW JAMES

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :01/07/2010

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
                 W.P.(C) NO. 6262 OF 2006 (U)
                =====================

              Dated this the 1st day of July, 2010

                         J U D G M E N T

Petitioners were non gazetted officers in the army.

Subsequently, they got appointment in the Police Department in

various categories. In this writ petition, their claim is for the

benefit of higher grade, reckoning their military service also as

qualifying service.

2. Ext.P2 Government Order provides that war/military

service counts for civil pension would be reckoned as qualifying

service for granting higher grades to non gazetted officers and

gazetted officers w.e.f. 1/7/1979 to 1/7/88 respectively. It is

further stated that war/military service which count for civil

pension will be counted for computing the qualifying service for

grant of first higher grade for the period subsequent to 1992.

Therefore, in both cases, only war/military service which count for

civil pension alone can be reckoned for grant of higher grade.

3. In the counter affidavit filed, specific contention of the

respondents is that the military service of the petitioners will not

count for civil pension since they are getting eligible military

WPC No. 6262/06
:2 :

pension. Therefore, according to the respondents, military service

of the petitioners cannot reckon for grant of higher grade. There is

nothing on record to deny this averment in the counter affidavit.

Evidently therefore, the petitioners military/war service does not

qualify for civil pension, and if so, going by the terms of Ext.P2

Government Order referred to above, the said military/war service

rendered by the petitioners cannot qualify for grant of higher

grade as well.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE
Rp


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