IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WA.No. 1721 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.10123/2009 Dated 21/08/2009 .................... APPELLANT(S): RESPONDENTS 1TO 5 IN THE W.P.(C) ---------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, KOLLAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, KARUNAGAPPALLY. 5. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE RESPONDENT(S): PETITIONER & 6TH RESPONDENT IN THE W.P.(C) --------------------------------------------------------- 1. BINU.C.S,K.V.K.V.M.UPS,KARUNAGAPPALLY, KOLLAM. 2. THE MANAGER,K.V.K.V.M.UPS, KARUNAGAPPALLY,KOLLAM. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.824 of 2010 & W.A. No.1721 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2010 JUDGMENT Basheer, J. This application has been filed under Section 5 of the Limitation Act with a prayer to condone the delay of 342 days in filing the appeal. The appellants are the State and its officers in the Department of Education. The appeal is directed against the judgment dated August 21, 2009 in W.P.(C)No.10123/2009. 2. In the stereo typed affidavit which we have been seeing in many of the appeals by the State , the deponent has casually stated that the delay was caused because of some “official exigencies”. The number of days and other dates have been filled up in the stereo typed affidavit. 3. It is disturbing to note that the officials of the State still continue to take these matters so casually and so lightly inspite of the directions issued by a Division Bench of this court in W.A.No.670/2010. The attitude and conduct of the officials are totally WA.No.172/2010 2 unsatisfactory, to say the least. We refrain from making any further comment on this . 4. We are not at all satisfied with the so called explanation offered by the deponent in the affidavit, who is stated to be an Under Secretary in the General Education Department. Therefore, the delay petition is dismissed. Consequently, the appeal is also dismissed. Registry shall send a copy of this order along with the affidavit filed in support of the delay petition to the Chief Secretary and the Secretary in the Department of Education, Thiruvananthapuram. A copy of the order in W.A.No.670/2010 shall also be sent to the officers atleast to avoid recurrence of such indifferent conduct . A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. WA.No.172/2010 2