HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO.19553 OF 2001 ORDER: The petitioner joined the service of the respondent company as Chargeman (Production) on 18.11.1968 and was regularized on 18.05.1969. Subsequently, he was transferred to Gurgaon, consequent on shifting of D.D.P.E. Department of the respondent company. As he was transferred to a very distant place, the petitioner tendered resignation from the post of Chargeman on 09.07.1980. Thereafter, since the said Department was shifted back to Hyderabad from Gurgaon, the petitioner submitted a representation to the respondent company seeking his reinstatement into service by canceling the earlier order of resignation. The respondent company considered his request, but gave him fresh appointment as an Assistant Design Engineer by an order dated 30.01.1982 without continuity of service. In compliance of the said order, the petitioner joined the service of the respondent company on 01.02.1982 as fresh candidate. After retirement, he made representations to the respondent company seeking to confer a similar benefit on him as was done earlier in the case of Mr. A.K. Goel, Deputy Manager (Materials) and Mr. K.C.V. Subhashita Rao, Deputy Manager (Mechanical) and treat the period of break in service i.e. from 09.07.1980 to 31.01.1982 as extraordinary leave for continuity of service. Aggrieved by the inaction of the respondent company on his representations, the petitioner approached this Court and filed this writ petition. 2. Heard both sides and perused the entire record. 3. On perusal of the record, it is clear that the petitioner was appointed as the Assistant Design Officer in the respondent company vide proceedings No.IDP(HYD)/A-4(17)/82, dated 30.01.1982 and the same was his fresh appointment. The said order forms part of the record. Accepting the appointment as fresh appointment, the petitioner joined the service of the respondent company on 01.02.1982 and continued in service till his retirement and also received salary on the basis of the basic scale fixed by the respondent company at the time of his fresh appointment. The representations given by the petitioner were also rejected by the respondent company on the ground that he cannot claim any continuation of service, in view of the fact that he was reappointed as a fresh candidate. 4. Here this is a case where the petitioner cannot claim that he was reinstated into the service of the respondent company. Reinstatement has a different meaning. The respondent company, instead of reinstating the petitioner, appointed him as a fresh candidate on the basis of his representation. Once the petitioner has waived off his right of continuity of service and accepted the appointment as fresh appointment without continuity of service and continued in service till retirement, his services can be counted only from the date of his fresh appointment i.e. from the year 1982 and after retirement he cannot claim any right or back wages during the period of resignation. 5. In view of the above, this Court is of the view that the writ petition lacks merit and is liable to be dismissed. 6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. __________________ RAJA ELANGO, J 26th November, 2010 cbs HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO.19553 of 2001 (Dismissed) 26th November, 2010 cbs HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO.19553 OF 2001 Dated: 26-11-2010 BETWEEN: Karri Deva Reddy … Petitioner And Indian Drugs and Pharmaceuticals Limited and another … Respondents THIS COURT MADE THE FOLLOWING: