IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 36069 of 2005(R) --------------------------------------- PETITIONERS: --------------------- 1. M.R.VENUGOPALAN NAIR, DRIVER H.C.5388, A.R.CAMP, KOTTAYAM, MANAKANDATHIL HOUSE, PULIKKAL KAVALA.P.O, VAZHOOR, KOTTAYAM. 2. MOHANAN.V.D, DRIVER H.C.K.5443, A.R.CAMP, KOTTAYAM, VATTAPARAMBIL HOUSE, KAIPUZHA.P.O, KOTTAYAM. 3. M.V.KARUNAKARAN, DRIVER P.C.K.5713, A.R.CAMP, KOTTAYAM, MANPUZHASSERIL HOUSE, KIDANGOOR.P.O, KOTTAYAM. 4. ABRAHAM ANTONY, DRIVER P.C.K.6366, A.R.CAMP, KOTTAYAM, THOONICKAVIL HOUSE, AMALAGIRI.P.O, KOTTAYAM. 5. SURESH KUMAR.G, DRIVER P.C.K.6189, A.R.CAMP, KOTTAYAM, VADAKKE POOVELIYIL HOUSE, CHENGALAM.P.O, KOTTAYAM. 6. PRAKASH.K.G, DRIVER.P.C.E.6193, A.R.CAMP, KOTTAYAM, KOCHUVEETTIL HOUSE, THANNITHODE.P.O, PATHANAMTHITTA. 7. SUBHASH.D, DRIVER.P.C.K.6182, A.R.CAMP, KOTTAYAM, ULLAS BHAVAN, L.S.P.O.NOORANAD, ALLEPPEY. BY ADV. SRI.BECHU KURIAN THOMAS. RESPONDENT: ---------------------- 1. STATE OF KERALA, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. W.P.(C). NO.36069/2005-R: 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. MOHAMMED FAZIL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36069 of 2005-R - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2011. JUDGMENT The petitioners herein are working as Drivers in the Police Department. They are aggrieved by Ext.P6 communication, whereby they have been directed to produce a certificate showing that they are not receiving pension from Military for the purpose of granting higher grade. Ext.P5 series are the representations filed by the petitioners. 2. The respondents have filed a counter affidavit in the matter. 3. The matter is covered by a Full Bench decision of this Court in State of Kerala v. Philomina (2008 (1) KLT 666 - FB). Therein, this Court was pleased to hold that prior military service can be reckoned only for granting first grade promotion and it cannot be reckoned for granting subsequent grade promotion. Herein, the petitioners are seeking the benefit of the first higher grade. The Full Bench in paragraphs 3 and 4 of the above judgment held as follows: “When concession having financial implications are granted by the Government, widening the scope of such concessions by judicial interpretation would invite unexpected burden on the public exchequer. Time bound higher grade is not a condition of service 2 guaranteed by statutory rules but a concession extended to employees who are stagnating in a particular post for want of regular promotion. The prior military service can be reckoned only for granting the first grade promotion. It cannot be reckoned for granting subsequent grade promotions.” 4. In the light of the above, the claim of the petitioners for grant of higher grade will be examined by respondents 2 and 3 and the eligible benefits will be sanctioned and it will be disbursed within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/