IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 29725 of 2009(I) -------------------------- PETITIONER(S): -------------------- 1. RAJAN BABU.D., ASSISTANT WORKS MANAGER-II, DRY DOCK & WORKSHOP SUB DIVISION ALAPPUZHA AND RESIDING AT DHARMA NIVAS, ALUMKADAVU P.O., KARUNAGAPPALLY, KOLLAM. 2. JAMES.P.JOHN, ASSISTANT WORKS MANAGER-I, DRY DOCK & WORKSHOP SUB DIVISION, ALAPPUZHA 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, THODIYORR NORTH P.O., KARUNAGAPPALLY, KOLLAM. 4. R.SANJEEV, ASSISTANT ENGINEER THANNEERMUKKOM PROJECT SECTION-III, ALAPPUZHA, AND RESDING AT SREESAILAM, WEST FORT, MAVELIKKARA. 5. G.SALI, ASSISTANT ENGINEER, INSPECTOR OF BOATS, ALAPPUZHA AND RESIDING AT CHETHANA, KAYAMKULAM P.O., KRISHNAPURAM, ALAPPUZHA. 6. V.HARI, DREDGER CAPTIAN-D7, DREDGER SUB DIVISION, ERNAKULAM AND RESIDING AT RESIDING AT MAKAM HOUSE, EVOOR SOUTH, KEERIKKADU P.O., ALAPPUZHA-690 508. BY ADV. SRI.C.C.ABRAHAM SRI.SAJIKUMAR.K.K. RESPONDENT(S): ---------------------- 1. THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION (WRD) PUBLIC OFFICE BUILDING, MUSEUM P.O., THIRUVANANTHAPURAM. WPC NO.29725/09 -2- 2. STATE OF KERALA REPRESENTE 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., ALAPPUZHA 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, KARALMANNA, CHERPULASSERY, PALAKKAD. 7. T.VENU, ASSISTANT EXECUTIVE ENGINEER MECHANICAL DIVISION, THIRUVANANTHAPURAM AND RESIDING AT REVATHI, TC 6/1375, P.T.P.NAGAR, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 29725 OF 2009 (I) ===================== Dated this the 21st day of October, 2009 J U D G M E N T Petitioners are Assistant Engineers (Mechanical) in the Irrigation Department. The first and second petitioners were appointed in 1997, petitioners 3, 4 and 5 were appointed in 1998 and 6th petitioner was appointed in 2000. 2. Respondents 4 to 7 were appointed on compassionate grounds. Respondents 4 to 6 were appointed in 1995 and the 7th respondent was appointed in 1997. They were subsequently promoted by Exts.P3 to P5 orders issued in 2008 and 2009 and are presently working as Assistant Executive Engineers (Mechanical). Ext.P2 is the seniority list published in 2001 where the respondents 4 to 7 are at Sl.Nos.37 to 40 and the petitioners are at Sl.Nos. 41 to 45. 3. Now the petitioners have filed this writ petition contending that at the time when the party respondents were appointed in 1995 and 1997, the principles laid down by the Apex Court in Umesh Kumar Nagpal v. State of Haryana and others (1994(4) SCC 138) and the judgment of this Court in WPC 29725/09 :2 : Ganesan v. State of Kerala (1995(2) KLT 700) were not followed. It is therefore stated that the very appointment of the party respondents is illegal. 4. In my view, this writ petition deserves to be dismissed on the ground of delay and latches alone. Immediately after the respondents entered service, petitioners were appointed in service. At that time, or at the time of publication of Ext.P2 seniority list in 2001, petitioners could have challenged the appointments. Having not done that, at this distance of time, petitioners cannot be allowed to rake up settled matters. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp