IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 21529 of 2008(K) --------------------------------------- PETITIONER: ----------------- G.RAMACHANDRAN NAIR, PCT.8410, VIGILANCE AND ANTE-CORRUPTION BUEAREAU SPECIAL CELL, MURINJAPALAM, TRIVANDRUM-695 004 BY ADV. SRI.S.MOHANDAS RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY ADDL.CHIEF SECRETARY TO GOVERNMENT, HOME AND VIGILANCE DEPARTMENT, TRIVANDRUM-695 001. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, TRIVANDRUM-695010. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO. 21529 OF 2008 = = = = = = = = = = = = = = = = = = = Dated this the 6th day of August, 2008 J U D G M E N T ------------------- The petitioner is an Ex-service man. After discharge from the Armed Forces, he was appointed as a Police Constable with effect from 1.4.1988. Reckoning his earlier military service from 28.3.1980 to 19.11.1983, the first and second higher grades were sanctioned to the petitioner. As per Exhibit P3 proceedings, which is impugned in this Writ Petition, the second higher grade sanctioned to him was directed to be cancelled. 2. The relevant portion of Exhibit P3 reads as follows: “In view of the above orders, Sri. Ramachandran Nair is eligible for 10 years time bound higher grade promotion reckoning his military service of 3 years and 249 days. Your statement that he had to his credit, military service of 5 years and 249 days is not correct with reference to the relevant records/entry in the Service Book. For second and third time bound higher grades, his military service cannot be reckoned. Hence the proposal to sanction first time bound higher grade by reckoning his military W.P(C) NO.21529 OF 2008 -: 2 :- service (3 years 249 days), instead of second higher grade is agreed to. The second higher grade granted to him with effect from 25.3.2003 by reckoning his military service should cancelled and the same may be granted it with effect from 01.03.06 on completion of 16 years service excluding his military service. The excess drawn due to revision of second higher grade can be adjusted in the arrears due to him on revising the first higher grade. The SB of the incumbent is returning herewith”. 3. Exhibit P3 was issued in the wake of the decision of the Full Bench of this Court in State of Kerala v. Philomina (2008 (1) KLT 666) wherein it was held that military service can be reckoned only for granting one higher grade and that it cannot be reckoned for the grant of second and third higher grades. In view of the authoritative pronouncement by the Full Bench of this Court in Philomina's case (supra), the challenge to Exhibit P3 cannot be entertained. The issue raised by the petitioner is squarely covered against the petitioner by the decision of the Full Bench in Philomina's case (supra). W.P(C) NO.21529 OF 2008 -: 3 :- The Writ Petition accordingly fails and it is dismissed in limine. P.N. RAVINDRAN, JUDGE. vsv