IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2460 of 2011(F)
1. J.JOSEPH FRANCIS,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY (KSEB IN SHORT)
... Respondent
2. THE CHIEF ENGINEER (H.R.M),
For Petitioner :DR.K.P.SATHEESAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :25/01/2011
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.2460 of 2011
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Dated this the 25th day of January, 2011
J U D G M E N T
The petitioner is an employee of the Kerala State Electricity
Board. He was suspended on being accused of offences under the
Prevention of Corruption Act on 13.11.2003. He was reinstated on
16.4.2005. While so, by Ext.P3 order dated 19.3.2007, the scales of
pay of the employees of the Board were revised with effect from
1.8.2003. The petitioner submits that consequently, the petitioner is
entitled to revised subsistence allowance for the period of suspension.
The petitioner relies on Ext.P7 judgment of this Court in W.P.(C).
No.34424/2003 in support of the proposition that in cases of wage
revision retrospectively with effect from a date prior to the suspension,
the subsistence allowance also has to be recomputed in accordance
with the revised wages.
2. I have heard the learned counsel for the petitioner.
3. I am not inclined to exercise my discretionary jurisdiction
in favour of the petitioner in view of the unexplained delay and laches.
Admittedly, the petitioner was suspended from service on 13.11.2003
and he was reinstated on 16.4.2005. The wage revision came into
force retrospectively by Ext.P3 order dated 19.3.2007. Almost four
years are already over thereafter. Even Ext.P7 judgment is dated
w.p.c.2460/11 2
27.5.2008 and the petitioner has not chosen to approach this Court
within a reasonable time after that judgment also. The petitioner has
approached this Court only on 24.1.2011. In the above circumstances
this writ petition is dismissed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge