IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 2164 of 2004(G) ------------------------- PETITIONER: ------------ V.G. SAHADEVAN, AGED 64, S/O. LATE GOPALAN, SEEJALAYAM, THANNEERMUKKOM P.O., CHERTHALA, ALLEPPEY DISTRICT. BY ADV. SRI.N.ANILKUMAR RESPONDENTS: ------------- 1. THE ACCOUNTANT GENERAL (A & E) O/O. THE ACCOUNTANT GENERAL (A & E) TRIVANDRUM. 2. THE SECRETARY, DEPARTMENT OF FINANCE (PRU) SECRETARIAT, TRIVANDRUM. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHERTHALA. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.2164/2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE GOVERNMENT ORDER NO.GO(P)899/98- 155.Fin. DATED 10-3-1998. EXT.P2. TRUE COPY OF THE PROCEEDINGS OF THE ACCOUNTANT GENERAL DATED 6-10-1999 SHOWING THE AMOUNT SANCTIONED AS PENSIONARY BENEFITS. EXT.P3. TRUE COPY OF THE LETTR NO.P.10/REVI/1167/AK/00-01/1180 DATED 14-12-2000 EXT.P4. TRUE COPY OF THE LETTER DATED 6-1-2001. EXT.P5. TRUE COPY OF THE LETTER DATED 13-2-2003 FROM THE PETITIONER TO THE 1ST RESPONDENT. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.2164 of 2004 ----------------------------------------- Dated this the 29th day of February, 2008 JUDGMENT 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. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C)No.2164 of 2004 ----------------------------------- JUDGMENT 29th February, 2008