IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27975 of 2003(E)
1. M.P.SURESHAN, S/O. KUNHIKANNAN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DIRECTOR,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :13/11/2009
O R D E R
S. SIRI JAGAN, J
...............................................
W.P(C) No. 27975 of 2003
.................................................
Dated this the 13th day of November, 2009
J U D G M E N T
In accordance with the notifications issued by the Public
Service Commission, inviting applications, the petitioner applied
for selection to the post of the Workshop Attender (Electronics).
Pursuant thereto, a rank list was published for the post of
Workshop Attender (Electronics) in which the petitioner was also
included. By Ext.P3 order dated 11.12.1984, the petitioner was
appointed as Workshop Attender. Subsequent to Ext.P4 order
dated 23.1.1987, his probation in the post of Workshop Attender
was declared to have been satisfactorily completed. By Ext.P5
order dated 12.7.1988, the petitioner was promoted as Junior
Instructor. But it appears that the petitioner was actually
working as Workshop Attender (Mech., Radio & Television) from
which post, he was promoted as Junior Instructor by Ext.P5.
Later, the petitioner’s representation for seniority in the cadre
for Workshop Attender (Electronics) was rejected by Ext.P7
order dated 23.2.2003. It is under the above circumstances, the
petitioner has filed this writ petition seeking the following
reliefs:
W.P(C) No. 27975 of 2003 -2-
“call for the records relating to Exhibit P-7 and
quash the original of the same by the issue of a writ of
certiorari or other appropriate writ or order.
(b) issue a writ of mandamus or other appropriate
writ, order or direction commanding the Respondents to
grant seniority to the petitioner in the trade Electronics
in consonance with Exhibit P-2 and all consequential
benefits arising therefrom.”
I am not inclined to consider the contentions of the
petitioner on merits for the sole reason of unexplained delay and
laches. From Ext.P5 order dated 12.7.1988, petitioner knew that
his appointment was as Workshop Attender (Mech., Radio &
Television). He did not take any steps to challenge the same for
quite a long time. Ext.P7 order is passed by the Government on
a petition filed by the petitioner on 22.12.1998. The petitioner
has not been able to give any satisfactory explanation for the
delay of ten years between 12.7.1988 and 22.12.1998. For that
reason alone, this writ petition is liable to be dismissed. Ordered
accordingly.
S. SIRI JAGAN, JUDGE
rhs
