IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1806 of 2010()
1. SANALKUMAR B.S., AGED 45 YEARS,
... Petitioner
Vs
1. THE CHIEF ENGINEER (HRM),
... Respondent
2. THE KERALA STATE ELECTRICITY BOARD,
3. SREEKUMAR T.K., AGED 46 YEARS,
For Petitioner :SRI.JOSE J.MATHAIKAL
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :02/11/2010
O R D E R
J.Chelameswar, C.J. & P.R.Ramachandra Menon, J.
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W.A. No. 1806 of 2010
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Dated this the 2nd day of November, 2010
JUDGMENT
Ramachandra Menon, J.
The appellant is aggrieved by the judgment rendered
by the learned Single Judge whereby interference was declined
observing that the claim for promotion to the post of Sub
Engineer with retrospective effect from the date as assigned vide
Ext.P3 is highly belated. The claim of the appellant is that the
appellant ought to have been promoted before giving promotion
to his juniors and that by virtue of the contents of Ext.P2 Board
Order, the appellant who was working as ‘Overseer’ ought to
have been promoted as ‘Sub Engineer’ with effect from
15.11.2004, on completion of ‘five years’ in the post of Overseer.
It was in the said circumstances that the appellant sought to
approach this Court (along with another petitioner) by filing the
writ petition with reference to the eligibility for further promotion
as Assistant Engineer.
2. Obviously, Ext.P3 order promoting the petitioner
as Sub Engineer with effect from 27.04.2005 was issued on
W.A. No. 1806 of 2010
-:2:-
03.08.2006, whereas the Writ Petition was filed only after 3 years
in 2010. After considering the materials on record, the learned
Single Judge observed that the claim put forth by the appellant
was stale and accordingly interference was declined under Article
226 of the Constitution. We do not find any reason to interfere
with the said verdict which is perfectly in order. In the said
circumstances interference is declined and the writ appeal is
dismissed.
J.Chelameswar,
Chief Justice.
P.R.Ramachandra Menon,
Judge.
vns