IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 RP.No. 744 of 2008 --------------------------- [AGAINST THE JUDGEMENT IN W.P.(C).NO.2164/2008 DATED 29/02/2008] .................... APPLICANTS/REVIEW PETITIONERS/RESPONDENTS 1 TO 3 IN THE W.P.(C): ------------------------------------------------------------------------------------------------------------- 1. THE ACCOUNTANT GENERAL (A & E), O/O THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. 2. THE SECRETARY, DEPARTMENT OF FINANCE (PRU) SECRETARIAT, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHERTHALA. BY SPECIAL GOVT.PLEADER. MR.N.MANOJ KUMAR. RESPONDENT/RESPONDENT/PETITIONER IN W.P.(C): ----------------------------------------------------------------------------- V.G.SAHADEVAN, S/O.LATE GOPALAN, SEEJALAYAM, THANNEERMUKKOM P.O., CHERTHALA, ALLEPPEY DISTRICT. BY ADV. MR.N.ANILKUMAR. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - R.P. No. 744 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February, 2010 J U D G M E N T The State seeks review of the judgment in W.P.(C) No.2164/2004 which reads thus: “Petitioner approached this court aggrieved by Ext.P3 in the matter of reckoning of military service for the second and third higher grades. It is seen that the issue was subject matter of Full Bench decision of this court in W.A.No.476/2007 wherein it has been held that the military service can be counted only for the purpose of first higher grade and not for subsequent higher grades. However, it has been held by the Full Bench that the amount already paid shall not be recovered. There will be a direction to the respondents to take appropriate action in the light of the judgment referred to above within a period of two months from the date of production of a copy of this judgment.” 2. The State is aggrieved by the sentence”However, it has been held by the Full Bench that the amount already paid shall not be recovered”. The contention of the learned Government Pleader is that in the Full Bench decision in writ appeal No.476/2007, the Full Bench only directed that the excess amount paid to the employee in that case shall not be recovered in the special facts of that case without the same being treated as a precedent. The apprehension R.P. No. 744 of 2008 -2- of the State is that the said sentence would be construed as a direction that the amount shall not be recovered from the petitioner. I am of opinion that the said sentence is only a noting of what is stated in the Full Bench judgment and it cannot be considered as a direction to apply the same in this case. It is for the State to decide while considering the matter as to whether the amounts should be recovered from the petitioner, in the facts and circumstances of this case. With the said clarification the review petition is disposed of. S. SIRI JAGAN JUDGE shg/