IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WA.No. 1919 of 2006() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.21683/2002 Dated 30/03/2006 .................... APPELLANTS: RESPONDENTS 1 TO 3 IN THE O.P.: --------------------------------------------------------------------------- 1. JUDICIAL MAGISTRATE OF THE I CLASS-III, PUNALUR. 2. THE CHIEF JUDICIAL MAGISTRATE, KOLLAM. 3. STATE OF KERALA, REP. BY ITS SECRETARY, FINANCE (PENSION B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SPL.GOVERNMENT PLEADER(FIN) SRI.N.MANOJKUMAR RESPONDENT: PETITIONER IN THE O.P. ------------------------------------------------------------ A.M.ISMAIL, JUNIOR SUPERINTENDENT (RETD) JUDICIAL I CLASS MAGISTRATE'S COURT-III, PUNALUR. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU SRI.MANOJ RAMASWAMY THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.1919 OF 2006 (B) ----------------------------------- Dated this the 1st day of July, 2008 J U D G M E N T KOSHY,J. Writ petitioner, after 15 years of military service, was re-employed by the Government as L.D.Clerk in the Kerala Judicial Ministerial Subordinate Service on 14.5.1984. He retired on superannuation on 31.1.2000. He was a Combatant Store man in the military service. Petitioner was entitled to have his pay fixed on re-employment above the minimum of the pay scale with advance increments equal to the number of years of service in military in view of G.O. (I) OM No.F6(8) – E III/63 dated 11.4.1963 as amended. It is reiterated in Ext.P1 judgment. As per Ext.P2, military pension which does not exceed Rs.15/- has to be deducted from the pay to get the benefits of Government Order dated 11.4.1963. Exts.P3 and P4 clearly shows that military pension cannot be deducted but W.A.1919/06 2 petitioner's option for benefits under Ext.P4 was rejected. Then Ext.P5 was issued to recover from the petitioner, his military pension in excess of Rs.15/-. In the net result, he will not get any benefit by giving the additional increment but he will be losing the total emoluments he is entitled ignoring military service. The matter is illustrated at paragraph 5 of the writ petition as follows: “5. It is submitted that the total amount of Rs.15/- advance increments granted to the petitioner from the minimum of the pay scale as per Ext.P5 is Rs.240/-. As against this, it was decided in Ext.P5 to recover his pension in excess of Rs.15/- every month. The amount of pension to be recovered in February 1999 is Rs.1,302 – 15 = Rs.1,287/-. In otherwords, the fixation of his pay with advance increments of Rs.240 + proportionate D.A. on it will result in recovery of Rs.1,287/- from his pension every month.” Because of Ext.P5, there will be recovery of Rs.1,287/- from his pension every month. This will make Ext.P2, unworkable. That is the reason for issuing Exts.P3 and P4. Government relied on Ext.P6. Ext.P6 is correct except the last sentence W.A.1919/06 3 that military pension to be deducted from the gross emoluments every month. That cannot be done merely because he was granted increments taking into account of his military service and military pension cannot be deducted from the civil pension as clarified by the Government in Ext.P4. Hence, we agree with the views of the learned Single Judge, and hence, we dismiss the appeal. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008