IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 30904 of 2010(K) -------------------------- PETITIONER(S): --------------- S.KRISHNAN,AGED 49 YEARS, VALLALAN HOUSE, PATTIKKAD PO,THRISSUR. BY ADV. SRI.BIJU MARTIN SMT.P.R.REENA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP,BY ITS SECRETARY, HOME DEPARTMENT,THIRUVANANTHPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. COMMANDANT, KAP 5, OFFICEOF THE COMMANDANT, KAP, 5TH BATTALION, R.V.PURAM,THRISSUR. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.30904 of 2010 ================== Dated this the 8th day of October, 2010 J U D G M E N T The petitioner was appointed as an Assistant Cook in the Government Engineering College Hostel, Thrissur. Pursuant to disciplinary proceedings, the petitioner was suspended from service on 12.9.1988. Subsequently, he was dismissed from service. Later on, that dismissal was set aside and the petitioner was directed to be reinstated, consequent to which, the petitioner was reinstated. He approached this Court by filing O.P.No.10717/2000 seeking the benefits for the period, during which, he was kept under suspension and also for the benefits during which he was kept out of service pursuant to the punishment of dismissal from service. A learned Single Judge of this Court, by Ext.P1 judgment, disallowed the prayer for treating the period of suspension, viz., from 12.9.1988 to 15.9.1991, for the purpose of fixation of pay, leave of pension etc., but allowed the claim for service benefits for the period, during which, he was kept out of service pursuant to the dismissal. The petitioner did not challenge that judgment. The State did in respect of the relief granted to the petitioner. W.A.No.325/2002 filed by the State was dismissed by Ext.P2 judgment. Now the petitioner has filed this writ petition seeking the service benefits for the period of suspension viz., w.p.c.30904/10 2 12.9.1988 to 15.9.1991 also. 2. I have heard the learned Government Pleader also. 3. In Ext.P2 judgment of the Division Bench it is specifically stated thus: “..... Learned single judge disallowed the first prayer stating that the period from 12.9.1988 to 15.9.1991 cannot be treated as duty for the purpose of fixation of pay, leave, pension etc. Respondent did not file appeal against the said finding and that has become final....” Therefore, the judgment of the learned Single Judge had become final long long ago. The petitioner cannot resurrect that claim by filing another writ petition. Therefore, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge