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M.P.Sureshan vs The State Of Kerala on 13 November, 2009

Kerala High Court
M.P.Sureshan vs The State Of Kerala on 13 November, 2009
       

  

  

 
 
  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

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