KRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was a re-employed military pensioner who retired from the service of the State Government as a Trade Instructor Grade-II. He retired from military service on 13.6 1980. He got re-employment on 27.10.1981. On superannuation he retired on

(2.) 6.1990. As per exhibit P1 the petitioner was informed that he was not eligible for pension since his State Government service is only less than 10 years. Thereafter the petitioner sent representations evidenced by Exhibits P3 and P4. Later by Exhibits P6 and P7 orders the petitioner was informed that the military service rendered by the petitioner will not count for pensionary benefits. 2. The petitioner has produced Exhibit P2 G.O. wherein it was ordered that the Government of India employees who were permanently absorbed by the State Government are entitled to count their previous service for the purpose of pension. Therefore, according to the petitioner, he is entitled to get the civil pension counting the service in the military. For that purpose the petitioner is relying on R.103 of Part III K.S.R. which is as follows:

(3.) ACCORDING to R.8(c) of Part III K.S.R. Ex-servicemen re-employed in civil service shall be allowed to count their military service for purpose of civil pension. The Proviso says that the person concerned should not be in receipt of any military pension in respect of his military service. R.102 which the petitioner relies on deals with the reduction of pay in the case of re-employed military pensioners. According to R.103, except as provided in R.101 and 102 an employee who, having been discharged with a pension is subsequently re-employed, may not count his new service for a separate pension.