STATE OF KERALA Vs. SREEDHARAN

JUDGEMENT

(1.) WAS the action of the appellant authorities in withdrawing the benefit of higher grade granted to the respondent legal and valid? The learned Single Judge having answered this question in the negative and allowed the claim of the respondent, the State of Kerala and its officers have filed the present appeal. Relevant facts may be briefly noticed.

(2.) THE respondent had worked in the Indian Army for a period of about six years and eleven months. After discharge from the Army he was appointed as a Sergant in the Medical Education Service of the State on July 1, 1982. He was granted the benefit of the Army Service and was deemed to have been appointed on September 16, 1975.

(3.) MR. Rahim has placed before us a complete copy of the order issued by the Government vide letter dated December 8, 1993. Learned counsel has referred to two provisions in this order. The first one relates to the grant of benefit of military service and the second to grant of higher grade. These two provisions provide as under:- " (vi) War/military Service which counts for Civil Pension will be reckoned for computing the qualifying service for the grant of the first higher grade. Civilian Service under military will not however, count for higher grade". " (b) The second higher grade on completion of either 10 years of service in the first promoted post or a total service of 20 years in the entry post and the first regular promotion post/time bound higher grade, together, whichever is earlier".