IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 7758 of 2011(T) ------------------------- PETITIONER ------------------- SHEELA MATHEW, ASSISTANT COMMISSIONER (INTERNAL AUDIT), COMMISSIONERATE OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. BY ADVS. SRI.T.M.SREEDHARAN SMT.C.K.SHERIN SRI.V.P.NARAYANAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. THE COMMISSIONER OF COMMERCIAL TAXES, FIRST FLOOR, PUBLIC OFFICE BUILDING, OPP. MUSEUM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033. 4. SHRI.AMBADI K.S., ASSISTANT COMMISSIONER, OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES, SPECIAL CIRCLE 1, ERNAKULAM. 5. SHRI.B.SASIDHARAN PILLAI, INSPECTING ASSISTANT COMMISSIONER, OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES, KOLLAM. BY GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7758 of 2011(T) ------------------------------------ APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF SENIORITY LIST OF THE SALES TAX OFFICERS FOR THE PERIOD FROM 1.3.94 TO 31.12.2003. EXT.P2. COPY OF GO (P) NO.100/2005/TD DATED 27.5.2005. EXT.P3. COPY OF ORDER NO.A5.56458/03/TX DATED 23.9.2005. EXT.P4. COPY OF ORDER NO.A5. 7129/03/TX DATED 26.9.2005. EXT.P5. COPY OF REPRESENTATION DATED 27.7.2005 SUBMITTED BY THE PETITIONER BEFORE THE DPC. EXT.P6. COPY OF NOTIFICATION GO(P) NO.63/2006/TD DATED 6.6.2006. EXT.P6A. COPY OF SENIORITY LIST OF ASSISTANT COMMISSIONERS FOR THE PERIOD FROM 1.1.1999 TO 31.12.2006. EXT.P7. COPY OF REPRESENTATION DATED 19.11.2007 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P8. COPY OF REPRESENTATION DATED 20.4.2010 TO THE 2ND RESPONDENT. EXT.P9. COPY OF ORDER NO.9636/D1/2010/TD DATED 14.7.2010 EXT.P10. COPY OF GO (P) NO.5/08TD DATED 17.1.2008 - FINAL SENIORITY LIST OF ASSISTANT COMMISSIONERS OF THE COMMERCIAL TAXES DEPARTMENT. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 7758 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th day of June, 2011. J U D G M E N T The petitioner is an Assistant Commissioner in the Department of Commercial Taxes of the Government of Kerala. While she was a sales tax officer, the petitioner was not considered for promotion to the post of Assistant Commissioner on the ground that disciplinary action was pending against her. Subsequently, the petitioner was selected to the post of Assistant Commissioner in the year 2006. According to the petitioner, the petitioner was entitled to be promoted with effect from 2005 and he represented. Her request was rejected by Ext. P9. The petitioner is seeking the following reliefs: “(i) To call for the records leading to the issue of Ext. P9 order and Ext. P10 seniority list and to quash the same by the issue of writ of certiorari or any other appropriate writ, order or direction; (ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 3 to revise the seniority list in the cadre of Assistant Commissioner finalized as per Ext. P10 so as to place the petitioner's rank according to her rank in the feeder category. (iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to place the petitioner in between the rank of Ambadi K.S and B.Sasidharan Pillai,based on the petitioner's rank in the feeder category. (iv) To declare that the petitioner is entitled to seniority in between the rank of Ambadi K.S and B. Sasidharan Pillai.” 2. Ext. P10 is dated 17.1.2008 and Ext. P9 is dated 14.7.2010. On 11.3.2011, I passed the following interim order: “When it was pointed out to the learned Counsel for the petitioner that the petitioner is seeking inclusion in Ext. P10 W.P(C) No. 7758 of 2011 -: 2 :- select list, which was published as early as on 17.1.2008, only on 10.3.2011, the learned Counsel for the petitioner seeks time.” The petitioner has filed I.A.No. 5623/2011 in his attempt to explain the long delay. But except from saying that she was prosecuting departmental remedies, she has not sufficiently explained the long delay. Therefore, I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India in favour of the petitioner. Accordingly, the writ petition is dismissed on the ground of delay and laches. Sd/- S. Siri Jagan, Judge. Tds/