IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 17TH DAY OF AUGUST 2011/26TH SRAVANA 1933 WPC.No. 21128 of 2011 (M) ------------------------- PETITIONER(S) : --------------------- 1. VIJAYAN S, ASSISTANT (SELECTION GRADE), KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 2. SHIPHU SREEDHARAN S.K., SENIOR GRADE ASSISTANT, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PALAKKAD. BY ADVS.SRI.R.RAJASEKHARAN PILLAI SRI.R.SREEDHARAN NAIR SMT.SABINA JAYAN RESPONDENT(S) : ------------------------ 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM - 695 004. BY SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-08-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV WPC.No. 21128 of 2011 (M) APPENDIX PETITIONER(S) EXHIBITS : P1. : COPY OF THE G.O.(P) NO.622/03/FIN. DATED 26.11.2003. P2. : COPY OF THE JUDGMENT DATED 01.03.2010 IN WA NO.1308/2008 OF THIS HON'BLE COURT. P3. : COPY OF THE REPRESENTATION DATED 20.06.2011 SUBMITTED BY THE 1ST PETITIONER BEFORE THE RESPONDENT. P3(A). : COPY OF THE REPRESENTATION DATED 20.06.2011 SUBMITTED BY THE 2ND PETITIONER BEFORE THE RESPONDENT. P4. : COPY OF THE JUDGMENT DATED WP(C) NO.14851 OF 2011 AS PER JUDGMENT DATED 02.06.2011 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE AMV C.T. RAVIKUMAR, J. - -- - - -- - - - - - - -- - - - - - - - - - - - - - - - W.P.(C). No.21128 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2011 J U D G M E N T The petitioners are re-employed Ex-service men. The first petitioner joined the Army on 24.6.1978 and he was discharged from military service on 30.6.1997. The second petitioner joined the military service on 12.2. 1982 and discharged from its service on 1.8.1997. Thereafter, they were re- employed in Government service on 5.6.2002 and 23.12.2002 respectively. This Writ Petition has been filed mainly with the prayer to issue a writ of mandamus commanding the respondent to grant higher grade to the petitioners reckoning their military service and also for a direction to consider Ext.P3 and P3 A representations submitted by them. The fact that the petitioners have rendered service in the Armed Forces is not in dispute. It is also not in dispute that the said service was reckoned as qualifying service for the purpose of pension. The question to be considered is whether the said service could be counted for granting first higher grade. Relying on a Full Bench decision of this Court in State of Kerala v. Philomina reported in 2008 (1) KLT 666, the petitioners contend that they are entitled to get reckoned the military service for the purpose of granting first higher grade. In the said W.P.(C).No.21128/ 2011 2 circumstances, the petitioners have made a claim for granting of first higher grade on completion of 8 years, as per Exts.P3 and P3 A respectively. The said representations are still pending before the respondent. Since the said representations are pending, I am of the view that the respondent is bound to take a decision on the question of entitlement of the petitioners for the first higher grade reckoning the military service especially in the light of the judgment in State of Kerala v. Philomina (supra). In that view of the matter, this Writ Petition is disposed of with a direction to the respondent to consider and pass orders on Exts.P3 and P3 A representations respectively submitted by the petitioners expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Needless to say that while considering the same, the respondent shall also look into the decision in Philomina's case (supra). Sd/- (C.T. RAVIKUMAR, JUDGE) spc