IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 5 of 2009()
1. THE STATE OF KERALA, REP. BY THE
... Petitioner
2. THE DIRECTOR OF AGRICLTURE, GOVERNMENT
3. THE PRINCIPAL AGRICLTURAL OFFICER,
4. THE ACCOUNTANT GENERAL (A & E),
Vs
1. S.SUSHAMA, AGRICULTURAL OFFICER,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :08/01/2009
O R D E R
J.B.KOSHY, Ag.C.J. & P.R.RAMACHANDRA MENON, J.
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W.A.No.5 of 2009 and
C.M.Appl.No.1 of 2009 in W.A.No.5 of 2009
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Dated 8th January, 2009
JUDGMENT
Koshy, Ag.C.J.
C.M.Appl.No.1 of 2009 is a petition to condone the
delay of 865 days in filing the appeal. Learned single Judge by the
impugned judgment only stated that as per the settled law, the date
of effective advice is the date to be reckoned for the purpose of
seniority, following the decision of this court in State of Kerala v.
Thomas Oommen (2003 (1) KLT 7). Therefore, Government was
only advised to do the needful in the light of the declared legal
position. We cannot understand why a writ appeal is filed from that
decision. In any event, absolutely no grounds are stated for
condoning the long delay. It is stated that copy of the judgment was
received on 4.7.2006. Only administrative delay and delay in getting
legal opinion inclusive of misplacement of the file for some period etc.
are taken as the grounds for the delay. Even the date of affidavit was
changed at the time of filing the petition for condoning the delay. We
see no ground to condone the long delay in filing the appeal. Hence,
W.A.5/09 & C.M.Appl.1/09 2
the delay condonation petition is dismissed. Consequently, the appeal
is also dismissed.
J.B.KOSHY
ACTING CHIEF JUSTICE
P.R.RAMACHANDRA MENON
JUDGE
tks