IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WA.No. 1061 of 2005 --------------------------------- AGAINST THE JUDGEMENT IN OP.32391/2002 Dated 14/09/2004 .................... APPELLANTS/RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION (A) DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. SECRETARY TO GOVERNMENT, HIGHER EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY SR.GOVT. PLEADER SRI.BEENY GERVACIS RESPONDENTS/PETITIONER: 1. K.R.RAJENDRAN, SELECTION GRADE TYPIST, NCC, GROUP HEADQUARTERS, THEVALLY P.O., KOLLAM. 2. THE DEPUTY DIRECTOR GENERAL, NCC, DIRECTORATE (K & L), THIRUVANANTHAPURAM. ADV. SRI.BECHU KURIAN THOMAS SRI.N.NAGARESH ACGSC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- W.A.No.1061 of 2005 --------------------------------- JUDGMENT Koshy, J. The writ petitioner worked in the Indian Army for about 18 years, 8 months and 11 days. After retirement from the Army, he was appointed with effect from 1.12.1994 as Lower Division Typist in the N.C.C. Department, which is a civil post. As per Exhibit P2 Government Order the ex-combatant Clerks re-employed as Lower Division Clerks were permitted to exercise option to have their initial pay fixed at a higher stage by allowing one increment for each completed year of service in the Defence Forces. The writ petitioner opted for the same and got the benefit. But, as per the Government Order and Service Rules, in such cases, the military pension received has to be deducted, except to the extent of Rs.15/-. The writ petitioner was promoted to the post of Upper Division Typist with effect from 1.12.1996. Thereafter, he was promoted as Senior Grade Typist with effect from 1.3.1999 and again as Selection Grade Typist with effect from 1.6.2000. It is the WA 1061/05 2 contention of the writ petitioner that when he was promoted as Upper Division typist, he was getting only the lowest scale of the revised pay and therefore, the military pension cannot be deducted because addition of increments due to his military service was not available after his promotion and revision of pay. Therefore, he was not enjoying the benefits of military service thereafter. On the facts of the case, from 1.3.1997 onwards pay was revised and he started getting only the minimum scale of the revised pay. Therefore, the learned single Judge held that deduction of military pension from the monthly salary of the petitioner from 1.3.1997 onwards was arbitrary. We fully agree with the views of the learned single Judge. Appeal is dismissed. (J.B.Koshy, Judge) 24th October, 2008 (K.P.Balachandran, Judge) tkv