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.
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W.P.(C) NO. 6262 OF 2006 (U)
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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
