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Judgment
The petitioner had been working as a charge hand under the 2nd respondent - Travancore Titanium Products. In the year 1991 he submitted an
application for voluntary retirement. The voluntary retirement was granted as per Ext.P3(a) w.e.f 7.6.1991 based on his application Ext.P2. The
petitioner claims that he had filed a number of complaints and cases against his co-workers and superiors under the 2nd respondent fighting against
corruption which caused animosity from all corners and he was being trapped in false cases and harassed. He had already filed several cases
before the Kerala Public Mens Corruption (Investigation and Inquiries) Commission which culminated in Exts.P4 and P4(a) judgments. He had
also approached the Lok Adalat as well as this Court several times.
After he received the terminal benefits on the basis of voluntary retirement, he approached the respondents several times seeking reappointment.
According to him, the respondents allowed voluntary retirement without waiting for the notice period, on a haste. As per order issued by the
Government on 18.11.2003, he was allowed to rejoin the 1st respondent company purely on contract basis upto the date of his superannuation
which was due on 28.2.2006, as per Ext.P5 order, on 27.10.2005. On attaining the age of superannuation he claimed retirement benefits
reckoning his entire service and submitted a series of representations. As per Ext.P6 order the Government rejected his claim saying that his
reappointment itself was granted on compassionate grounds on condition that he will not be entitled to any other benefits as stated in Ext.P5 order.
The petitioner claimed that he received the terminal benefits in order to conduct the cases he filed before the Lok Adalat. In this writ petition the
petitioner claims service benefits due to him from 7.6.1991 to 1.12.2003 and for a direction to the respondents to correct the dates in his service
records so as to enable continuity of service. It is seen that as per Ext.P3A order issued on 22.06.1991, the 2nd respondent granted permission to
the petitioner to retire from service under the voluntary retirement scheme w.e.f 7.6.1991 specifically stating that the petitioner would not have any
claim for reemployment under any circumstances while directing him to collect the dues from the Accounts Department of the company. Ext.P2 is
the application which the petitioner submitted requesting for voluntary retirement with effect from 7.6.1991 under Ext.P3 scheme. Thereafter when
the Government issued Ext.P5 order on the basis of his representation for reappointment it was made clear that the petitioner has no legally
enforceable right for obtaining any reappointment in the company. It was stated that reappointment was given considering the fact that the
petitioner was due to retire from service on superannuation on 28.2.2006. The said reappointment was purely on contract basis as a special case
on humanitarian consideration and on condition that he should be willing to work on a consolidated salary which would be fixed as his last salary
and he shall not be eligible for any other allowance and benefits. After accepting the said appointment as per Ext.P5, the petitioner cannot be heard
to contend that he is entitled to retirement benefits reckoning the service rendered by him from 1991 onwards. While passing Ext.P5 order the
Government has not issued any order for reckoning the service from 1991 onwards. Voluntary retirement granted to him was also not found to
suffer from any illegality. Moreover, the request for the same was already rejected by the Government in Ext.P8 order after considering all the
circumstances under which he was granted voluntary retirement, he received the terminal benefits and also the subsequent reappointment given to
him on conditions.
In the above circumstances, the petitioner cannot be heard to contend that he is entitled to continuity of service despite the voluntary retirement
granted to him. w.e.f 07.06.1991 onwards. Accordingly, the writ petition is dismissed.