The Kerala High Court on Thursday held that the ex-service men preferring for higher grades after opting for civil pension should discard the retirement benefits of military pension.
A Division Bench comprising Acting Chief Justice Manjula Chellur and Justice A M Shaffique passed the order while considering an appeal filed by the state government challenging a Single Bench order which permitted the pensioners not to remit the pension benefits.
The court made it clear that to avail of higher grade in the service, the Kerala Service Rules should be followed. “The statutory provision in question is Rule 8(c) of Part III of the Kerala Service Rules which makes it clear that ex-servicemen re-employed in civil services shall be allowed to count their military service, which is non-pensionable or pensionable under the Military Rules, but which is terminated before a pension has been earned in respect of it. War/military service is a pensionable service and pension has been earned by the incumbent in relation to such service, the same shall not be reckoned for the purpose of civil pension,” the court said.
The court also made it clear that for considering the reckoning military services along for higher grade in the state service all the pension benefits should be remitted.
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