IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 5463 of 2011(G) ------------------------ PETITIONER(S): ----------------------- 1. S.RAMESH KUMAR, SERGEANT, OFFICE OF THE ASSISTANT ENGINEER (BUILDING SECTION) , VIKAS BHAVAN,THIRUVANANTHAPURAM. 2. P. SARA CHANDRA KUMAR, SERGEANT, OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ADMINISTRATION), THIRUVANANTHAPURAM. 3. G.MOHANAN,U.D.CLERK, OFFICE OF THE CHIEF ENGINEER, PWD (R & B), THIRUVANANTHAPURAM. BY ADVS. SRI. ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT,(ADMINISTRATION), THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5463 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2011 J U D G M E N T The petitioners 1 & 2 are working as Sergeants in the Public Works Department and the 3rd petitioner is working as a U.D. Clerk in the Public Works Department. They entered government service after putting in prior military service. According to them, in view of Ext.P8 judgment, the petitioners are entitled to have their prior military service reckoned for the purpose of higher grade and other benefits. According to the petitioners, following that judgment, in several judgments this court has granted similarly placed petitioners the relief of direction to count the military service for the purpose of granting higher grade. The petitioners therefore seek the following reliefs: “i) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext.P19 Order and quashing the same. ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to grant Higher Grade and fixation of pay to the petitioners in the category of Sergeant and U.D. Clerk in the Public Works W.P.(C)No. 5463 of 2011 -2- Department counting the military service rendered by them prior to their entry in the Public Works Department. iii) declare that the petitioners are entitled to be granted higher grade and fixation of pay counting their military service in the Public Works Department. iv) declare that the petitioners herein, who are similarly situated like the petitioners in Exts.P7 to P9 and P20 and P21 judgments, are also entitled to be given similar benefits. v) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to grant Higher Grade and fixation of pay to the petitioners counting their military service as granted to persons, who are covered by Exts.P10, P13, P14 and P15 Orders.” 2. The learned Government Pleader submits that the Government has already taken up Ext.P8 judgment in appeal which was dismissed without prejudice to the right of the Government to file a review petition before the Hon'ble High Court and a review petition is being filed. 3. I have considered the rival contentions in detail Ext.P8 judgment was passed as early as on 01.03.2010. As such the respondents are bound by that judgment until the same stands. Therefore the petitioners are entitled to the benefits of Ext.P8 judgment in their case also. Accordingly this writ petition is allowed as prayed for. W.P.(C)No. 5463 of 2011 -3- Orders in implementation of the same shall be passed as expeditiously as possible, at any rate within one month from the date of receipt of a certified copy of this judgment. Needless to say, the same would be subject to the result of the review petition filed against Ext.P8 judgment. S. SIRI JAGAN JUDGE shg/