(1.) This writ petition came to be disposed of on 01/03/2010 finding no merit in the contentions raised by the appellants in the appeal. Subsequently, review petition came to be filed by the appellant - State and the Division Bench by order dated 31/07/2012 reviewed the judgment dated 01/03/2010 in the above appeal. Therefore, virtually now the appeal has to be disposed of on merits afresh referring to the contentions of the parties.
(2.) The party - respondents approached learned Single Judge seeking quashing of Exts. P4 and P7 under which the claim of the writ petitioners was rejected so far as higher grade, by virtue of their military service by referring to Government Order dated 16/11/1981. After quashing Exts. P4 and P7, the learned Judge declared that higher grade was rightly granted to the petitioners based on Ext. P2 GO dated 26/11/2003 reckoning their past military service as service qualifying for computation of higher grade.
(3.) The respondents - writ petitioners admittedly are from Armed Forces, who had subsequently taken up service in the State Government. According to them, they had completed their term of engagement in the Armed Forces. Apparently, they were also granted benefits after retirement including pension and gratuity. After coming out of Armed Force Service in 2001, they were recruited as Drivers in the Police Department based on the Government Order dated 26/11/2003, Ext. P2. Their earlier service in the Armed Forces was reckoned as qualifying Service for grant of first higher grade on completion of 13 years of service. Subsequently, during the audit conducted, the audit team raised objection for granting higher grade to these writ petitioners. Therefore, appellants issued notice at Ext. P4 dated 17/06/2006 intimating the writ petitioners their ineligibility to reckon past military service for the purpose of sanction of first higher grade. A caution was hinted that they shall refund the retirement benefits received by them from Armed Forces to the State Government along with simple interest at 6% per annum from the date of receipt till the date of refund, otherwise the higher grade sanctioned to them will be cancelled and appropriate orders would be passed. Then Writ Petition No. 16643/2006 came to be filed wherein the learned Judge issued a direction to treat Ext. P4 herein to be treated as a show cause notice and the decision taken therein as a provisional order. Further direction was granted allowing the writ petitioners to file objections and if such objections to be filed within three weeks, the appellants authority shall consider the same and take a final decision in the matter after adverting to all the contentions raised by the parties.