IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WA.No. 1952 of 2008 ----------------------------- JUDGEMENT IN W.P.(C).NO.17496/2008 DATED 03/07/2008 .................... APPELLANT/ PETITIONER: -------------------------------------- P.CHENTHAMARAKSHAN NAIR, AGED 67 YEARS, NOW RESIDING AT SOPANAM, VRA 121B, VIVEKANANDAPURAM, MANNAMOOLA, TRIVANDRUM-695005. BY ADV. SRI.P.CHENTHAMARAKSHAN NAIR(PARTY-IN-PER RESPONDENT/ RESPONDENT: ------------------------------------------- MR.RAGHU MENON, CMD OF NATIONAL CIVIL AVIATION COMPANY OF INDIA LTD., AIRLINE HOUSE, 113 GURUDWARA RAKHAB GUNJ ROAD, NEW DELHI-110001. BY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy & K.P. Balachandran, JJ. -------------------------------------- W.A. No. 1952 of 2008 --------------------------------------- Dated this the 30th day of September, 2008 Judgment Koshy,J. Appellant/Petitioner joined the service of Air India Corporation as Stenographer on 1.4.1964. He was promoted as Personal Assistant to Deputy Director of Operations with effect from 1.9.1969. He was transferred to Hong Kong by order dated 1.8.1972 and posted at the office of the Deputy Director of Operations. If he was appointed by Hong Kong office on local terms, the terms would have been better. Therefore, he submitted his resignation letter dated 15.12.1972 expressing his willingness to resign from service with effect from 7.2.1973. Later, he requested that his resignation be accepted with effect from 8.1.1973 itself by letter dated 29.1.1973. Petitioner's resignation was accepted with effect from 8.1.1973. Petitioner was later appointed on local terms at Hong Kong till 20.11.1974. Thereafter, he requested for transfer to Australia. His request was rejected because he was locally recruited at Hong Kong. Since he has already severed connections with the Air India Corporation in India, he resigned his service in W.A.No.1952/2008 2 Hong Kong and applied for appointment at the Air India office at Perth on local terms in Australia. Petitioner was given employment and he continued in Australia till 21.2.1978 on local terms. He resigned from Australia as his visa was not extended. When he came back to India on 23.12.1978, he was offered the post of Traffic Assistant at Trivandrum as a fresh entrant. Petitioner challenged the same in O.P.No.2670 of 1978. Petitioner's contention was rejected. It was held by this court that petitioner has already resigned and later locally appointed. He will have no continuity of service. He can be appointed only as a fresh candidate in India. It was held as follows in the operative part of the judgment: "5. The petitioner lost all his rights in regard to the post of P.A. when he submitted Exts.R2 and R3 letters of resignation. He had no further claim on that post. His fresh employment as an India based employee gave him no benefit on the basis of past service. In the circumstances the OP is dismissed. No costs." Appeal filed against the above judgment was dismissed (W.A.No.474 of 1982). Thereafter, he filed O.P.No.4659 of 1999 contending that his past service in Australia should be counted. That prayer was also rejected by judgment dated 11.1.2000 and W.A.No.587 of 2000 filed against that judgment was also rejected. Petitioner retired W.A.No.1952/2008 3 from service on 30.4.2000. After the retirement, he again approached this Court by filing O.P.No.11776 of 2001 with a prayer that his pensionary benefits be computed for his entire service from 1.4.1964 onwards as he has got continuity of service. That claim was rejected by judgment dated 27.2.2002. Again, he filed another writ petition W.P.(C) No.11257 of 2005 mainly based on the contention that he is entitled to count the service from 1.4.1964 to 30.4.2000 continuously. That writ petition was also dismissed and the judgment was affirmed by the Division Bench in W.A.No.2011 of 2006. He again approached this court by filing W.P.(C) No.9774 of 2007 with the same relief. That was later withdrawn. No liberty was granted to the petitioner to file fresh writ petition. Even though this writ petition is valid, the learned Judge found that it could have been rejected as earlier writ petition with the same prayer was dismissed as withdrawn. This writ petition was considered on merits and the learned Judge in the impugned judgment found that petitioner is not entitled to get continuity of service in view of earlier findings in the judgments which have become final. Petitioner had resigned from the earlier service in Hong Kong and Australia. He joined as a new employee of Air India Corporation on 23.12.1978. It is true that dues in the PF was paid to him. That will W.A.No.1952/2008 4 not show that there is continuity of service. He cannot claim continuity of service for claiming pension as decided earlier and from the facts of this case, it is clear that he is not entitled to get pensionary benefits as if he had continuity of service from 1964. Appeal dismissed. J.B.Koshy Judge K.P. Balachandran Judge vaa W.A.No.1952/2008 5 J.B. KOSHY AND K.P.Balachandran,JJ. ------------------------------------- W.A. No.1952/2008 ------------------------------------- Judgment Date:30th September,2008