IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WA.No. 946 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.29725/2009 Dated 21/10/2009 .................... APPELLANTS/PETITIONERS ------------------------- 1. RAJAN BABU.D., ASSISTANT WORKS MANAGER-II, DRY DOCK & WORKSHOP SUB DIVISION, ALLAPPUZHA AND RESIDING AT DHARMA NIVAS, ALIMAKADAVU.P.O., KARUNAGAPPALLY, KOLLAM. 2. JAMES P.JOHN, ASSISTANT WORKS MANAGER-I, DRY DOCK & WORKSHOP SUB DIVISION, ALLAPPUZHA AND RESIDING AT PUKADIYIL(H) VADAVATHOOR.P.O., KOTTAYAM. 3. PRADEEP KUMAR.R., DREDGER CAPTIAN-D2, DREDGER SUB DIVISION, ERNAKULAM AND RESIDING AT PRADEEP BHAVANAM, VENGARA, THODIYOOR NORTH.P.O., KARUNAGAPPALLY, KOLLAM. 4. R.SANJEEV, ASSISTANT ENGINEER, THANNEERMUKKOM PROJECT SECTION-III, ALAPPUZHA, AND RESIDING AT SREESAILAM WEST FORT, MAVELIKKARA. 5. G.SALI, ASSISTANT ENGINEER, INSPECTOR OF BOATS, ALLAPPUZHA AD RESIDING AT CHETHANA, KAYAMKULAM.P.O.,KRISHNAPURAM, ALLAPPUZHA. 6. V.HARI, DREDGER CAPTAIN-D7, DREDGER SUB DIVISION, ERNAKULAM AND RESIDING MAKAM HOUSE, EVOOR SOUTH, KEERIKKADU.P.O., ALAPPUZHA-690508. BY ADV. SRI.C.C.ABRAHAM SRI.SAJIKUMAR.K.K. RESPONDENTS/RESPONDENTS: --------------- 1. THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION(WRD) PUBLIC OFFICE BUILDING, MUSEUM.P.O, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, MECHANICAL BRANCH, DEPARTMENT OF IRRIGATION, SECRETARIAT, THIRUVANANTHAPURAM. 4. C.ANILCHANDRAN, ASSISTANT EXECUTIVE ENGINEER,O/O. THE CHIEF ENGINEER(MECH) THIRUVANANTHAPURAM AND RESIDING AT CHANDRAKANTHAM, NETTAYAM.P.O., VATTIYOORKAVU, THIRUVANANTHAPURAM. 5. K.BIJOY, ASSISTANT EXECUTIVE ENGINEER, N.H.MECHANICAL SUB DIVISION, NEAR STONE BRIDGE, IRON BRIDGE.P.O., ALLAPPUZHA, AND RESIDING AT KOORIKKAT HOUSE, MANJERI.P.O., MALAPPURAM. 6. K.P.HARIKRISHNAN ASSISTANT EXECUTIVE ENGINEER(T.A) OFFICE OF THE EXECUTIVE ENGINEER MECHANICAL DIVISION, ALAPPUZHA AND RESIDING AT KARATHIPARAMBATH HOUSE, KARLMANNA, CHERPULASSERY, PALAKKAD. 7. T.VENU, ASSISTANT EXECUTIVE ENGINEER, MECHANICAL DIVISION, THIRUVANANTHAPURAM AND RESIDING AT REVATHI, TC 6/1375 P.T.P.NAGAR, THIRUVANANTHAPURAM. R1 TO R3 BY G.P. SMT.T.B.RAMANI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.946 of 2010 .................................................................... Dated this the 16th day of June, 2010. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge declining to interfere in the matter because of the inordinate delay of 12 to 13 years in challenging the appointment and promotion given to respondents 4 to 7. We do not find any merit in the Writ Appeal because when appellants joined service as Assistant Engineers, respondents 4 to 7 were already in service above them. Neither on joining the service nor when respondents 4 to 7 were promoted, the appellants have not chosen to challenge the appointment or promotion. We feel even if the grounds raised by the appellants are tenable, it would be unfair to throw away respondents 4 to 7 from service after serving the organisation for over 12 years. Writ Appeal is consequently dismissed. However, judgment of the learned Single Judge or of this court confirming it should not be treated as this court endorsing the legality or correctness of first appointment of 2 respondents 4 to 7 on compassionate grounds at the level of Assistant Engineer. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms