IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 6262 of 2006(U) ------------------------- PETITIONER(S): ---------------------- 1. P.E.RAMESAN, MECHANIC, HC 4998, AR CAMP, ALAPPUZHA. 2. SASI K., FITTER, HC 4999, AR CAMP, ALAPPUZHA. 3. A.T.THOMAS, ARMOURER, PC.4820, AR CAMP, ALAPPUZHA. 4. C.MOHANAN, BARBER, CF 170, AR CAMP, ALAPPUZHA. 5. CHARLEY, MENDEZ A., COOK CF 265, AR CAMP, ALAPPUZHA. 6. ABRAHAM A.D., DIRVER PC.5247, AR CAMP, ALAPPUZHA. 7. JANARDHANAN PILLAI, DRIVER HC 3996, AR CAMP, ALAPPUZHA. 8. P.V.VARGHESE, DRIVER HC 4000(RTD), PALLATH HOUSE, KANJIRAMCHIRA, ALAPPUZHA. BY ADV. SRI.MATHEW JAMES RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. GOVERNMENT PLEADER SRI.ANTONY MUKATH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6262/06 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE SERVICE CERTIFICATE OF THE 1ST PETITIONER. EXT.P1(a): TRUE COPY OF THE SERVICE CERTIFICATE OF THE 2ND PETITIONER. EXT.P1(b): TRUE COPY OF SERVICE CERTIFICATE OF THE 3RD PETITIONER. EXT.P1(C): TRUE COPY OF THE SERVICE CERTIFICATE OF THE 4TH PETITIONER. EXT.P1(d): TRUE COPY OF THE SERVICE CERTIFICATE OF THE 5TH PETITIONER. EXT.P1(e): TRUE COPY OF THE SERVICE CERTIFICATE OF THE 6TH PETITIONER. EXT.P1(f): TRUE COPY OF THE SERVICE CERTIFICATE OF THE 7TH PETITIONER. EXT.P1(g): TRUE COPY OF THE SERVICE CERTIFICATE OF THE 8TH PETITIONER. EXT.P2: TRUE COPY OF THE GO(P) NO.622/03/FIN. DT 26.11.2003. EXT.P3: TRUE COPY OF the ORDER BO NO.266/2005/KAP2 DT 7.7.05. EXT.P4: TRUE COPY OF THE ORDER GRANTING THE BENEFITS TO THE POLICE CONSTABLES OF THIRUVANANTHAPURAM DT. EXT.P5: TRUE COPY OF THE ORDER DT 27.12.2005 ISSUED BY THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. EXTS. OF R3 EXT.R3(A): TRUE COPY OF THE GOVERNMENT LETTER NO.19629/K1/05/HOME DT 5.8.05. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 6262 OF 2006 (U) ===================== Dated this the 1st day of July, 2010 J U D G M E N T Petitioners were non gazetted officers in the army. Subsequently, they got appointment in the Police Department in various categories. In this writ petition, their claim is for the benefit of higher grade, reckoning their military service also as qualifying service. 2. Ext.P2 Government Order provides that war/military service counts for civil pension would be reckoned as qualifying service for granting higher grades to non gazetted officers and gazetted officers w.e.f. 1/7/1979 to 1/7/88 respectively. It is further stated that war/military service which count for civil pension will be counted for computing the qualifying service for grant of first higher grade for the period subsequent to 1992. Therefore, in both cases, only war/military service which count for civil pension alone can be reckoned for grant of higher grade. 3. In the counter affidavit filed, specific contention of the respondents is that the military service of the petitioners will not count for civil pension since they are getting eligible military WPC No. 6262/06 :2 : pension. Therefore, according to the respondents, military service of the petitioners cannot reckon for grant of higher grade. There is nothing on record to deny this averment in the counter affidavit. Evidently therefore, the petitioners military/war service does not qualify for civil pension, and if so, going by the terms of Ext.P2 Government Order referred to above, the said military/war service rendered by the petitioners cannot qualify for grant of higher grade as well. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp