There is no provision for stepping up pay and grade based on past military service.

The issue involved in all the writ petitions is one and the same and hence the same were heard together and a common order is passed.

2.The petitioners are joined in the Military service and discharged from Military service as per the details below:-

After discharge from the Military service they joined in the respondents department as Grade-II Police Constable (Driver) on 30.11.2003, Grade II Police Constable on 01.03.2008, Grade II Police Constable 01.03.2008, Grade II Police Constable on 30.11.2003, Grade II Police Constable on 04.01.2006 and Grade II Police Constable 29.02.2008 respectively and they are still in armed reserved unit. The petitioners have claimed to take into account the Military Service rendered by them in their present service. But the respondents did not accede to the said request and did not step up their pay and grade.

3. In Kerala State by the order, dated 30.01.2008 made in W.P(C) No.25304/2006, the circular of Kerala imposing conditions for stepping up was quashed and Government order granting stepping up was upheld.

4. In the circumstances, the petitioners and similarly placed persons gave a representation to the third respondent in this regard. The same was rejected by the fourth respondent by the impugned proceedings. The petitioners have stated that rejecting the request of the petitioners are per se, illegal arbitrary and violative of Article 14 and 21 of the Constitution of India. The respondents ought to have extended the benefit granted to similarly placed persons by the Government of Kerala. There is no prohibition to extend the relief claimed by the petitioners.

5. As per the Rule 29 of the Tamil Nadu Special Police Subordinate Service Rules 1978, the Military service shall be taken into account for pension and gratuity. In view of this Rule, there cannot be any bar to take the past service of the petitioners into account for the purpose of stepping up of pay and grade. The petitioners have given representations to the third respondent and rejection order passed by the fourth respondent, who is subordinate to the third respondent is illegal.

6. Therefore, the petitioners have filed the present writ petition praying for quashing the impugned orders and for a direction to the respondents to add the Military Service rendered by the petitioners so as to step up their pay and grade.

7. Though the writ petitions are of the year 2012, the respondents have not filed any counter.

8. The learned Government Advocate argued that there is no Rule for stepping up of Pay and Grade of employees like petitioners by taking into account their past Military Service. The order referred to by the petitioners passed by the Kerala High Court in W.P(C) No.25304 of 2006 is not applicable to the facts of the present case and therefore, prayed for dismissal of the writ petition.

9. Heard the learned counsel appearing for the petitioners and for the learned Government Advocate.

10. Admittedly, there is no Rule for stepping up of Pay and Grade taking into account of Past Military Service rendered by the petitioners and others. Therefore, there is no infirmity or illegality in the impugned order passed by the respondent. The judgement rendered by the Kerala High Court in W.P(C) No.25304 of 2006, is not app