IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 OP.No. 16332 of 2002(T) ----------------------- PETITIONER(S): --------------- CAPTAIN K.T.SREENIVASAN,ZILA SAINIK WELFARE OFFICER (RETIRED), RESIDING AT SRIPURI HOUSE, NARAKKODE,KEEZHARIYOOR P.O.,KOYILANDI, KOZHIKODE DISTRICT. BY ADV. SRI.R.K.VENU NAYAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR, DIRECTORATE OF SAINIK WELFARE VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 4. PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. SMITHA SUKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 16332/2002. ----------------------------------------------------------------- EXT.P1 TRUE COPY OF GOVT. ORDER DT. 27-7-1990. EXT.P2 GOVT. ORDER DT. 8-6-1994. EXT.P3 LETTER ISSUED BY R3. EXT.P4 LETTER DT. 20-2-1998. EXT.P5 REPRESENTATION DT. 18-8-2001. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 16332 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 26th March, 2009. J U D G M E N T The petitioner retired from the Indian Army as a commissioned officer on 4-10-1980. He was commissioned on 6-9-1970. After retirement from the Army, he was re-employed in the service of the Government of Kerala on 8-1-1981. In this original petition, the petitioner is claiming the benefits of Exts.P1 and P2 Government Orders. As per Ext. P1 Government Order, the Government directed that emergency/short service commissioned officers who were commissioned after 10-1-1968 may, on their appointment in the Government service to unreserved vacancies, be granted advance increments equal to the completed years of service rendered by them in the Armed force on basic pay equal to or higher than the minimum of the scale attached to the civil post in which they are employed. But, as per Ext. P1 order, the said order was made applicable only in respect of appointments made on or after 1-7-1986. Subsequently, the Government modified Exts.P1 and P2 extending the benefits of Ext. P1 to those commissioned between 1-11-1968 and who were appointed to civil post prior to 1-7-1986. The petitioner submits that the petitioner is entitled to the benefits of Ext. P1 as modified by Ext. P2. 2. A counter affidavit has been filed in which respondents 1 to 4 take the contention that the petitioner is not entitled to the benefit since the petitioner was commissioned only on 6-9-1970 and the benefits of Exts. P1 and P2 are applicable only to those commissioned between 1-11-1962 and 10-1-1968. 3. I have considered the rival contentions in detail. 4. From Exts.P1 and P2, it is abundantly clear that the benefit of the same are made applicable only to those officers who were O.P.. No. 16332/2002 -: 2 :- commissioned between 1-11-1962 and 10-1-1968. Admittedly, the petitioner was commissioned only on 6-9-1970. That being so, the petitioner is not eligible for the benefits of Exts.P1 and P2. Accordingly, the original petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ O.P.. No. 16332/2002 -: 3 :- S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 16332 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= J U D G M E N T 26th March, 2009.