IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WA.No. 1975 of 2003(C) ---------------------- AGAINST THE JUDGEMENT/ORDER IN OP.24341/1998 Dated 22/10/2003 .................... APPELLANT/PETITIONER ------------------------------------ T.P.VASUDEVAN PILLA, E.NO.483, KERALA MINERALS AND METALS LTD., CHAVARA, KOLLAM DISTRICT. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.LATHEESH SEBASTIAN RESPONDENTS/RESPONDENTS ------------------------------------------------- 1. KERALA MINERALS AND METALS LTD., SANKARAMANGALAM P.O., CHAVARA, KOLLAM DISTRICT. 2. B.RAGHAVAN NAIR, E.NO.215, KERALA MINERALS AND METALS LTD., SANKARAMANGALAM P.O., CHAVARA, KOLLAM DISTRICT. 3. M.K.PRAKASHAM, E.NO.203, DO. DO. 4. RAMACHANDRAN NAIR, E.NO.481, DO. DO. 5. K.I.YOONUS KUNJU, E.NO.359, DO. DO. 6. K.V.GOPI, E.NO.297, DO. DO. 7. R.RAJASEKHARAN PILLAI, E.NO.442, DO.DO. 8. CHIEF INSPECTOR OF FACTORIES AND BOILERS, THIRUVANANTHAPURAM. *9. TITANIUM COMPLEX EMPLOYEES CONGRESS, KOLLAM, REP. BY ITS GENERAL SECRETARY (ADDL. 9TH RESPONDENT IS IMPLEADED AS PER ORDER DT. 9.7.04 IN I.A. NO.2053/04). BY SR. GOVT. PLEADER SRI. BENNY GERVASIS FOR R8 ADV. SRI.U.K.RAMAKRISHNAN, SCFOR R1 SRI.V.KRISHNA MENON SCFOR R1 SRI.P.V.LOHITHAKSHAN SRI.K.P.SATHEESAN SRI.K.K.RAJEEV SRI.E.K.MADHAVAN SRI.K.K.GOPINATHAN NAIR SRI.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.P.RAMAKRISHNAN FOR ADDL.R9 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. --------------------------- W.A. No. 1975 OF 2003 -------------------------- Dated this the 1st day of February, 2010 J U D G M E N T Balakrishnan Nair, J. The appellant was the petitioner. Respondents herein were the respondents in the original petition. The original petition was filed by him mainly praying for the following reliefs: “(A) Call for the records relating to Exts.P1 to P4 and proposal to regularise respondents 2 to 7 as APE from the 1st respondent. (B) Issue a writ of mandamus commanding the Ist respondent not to promote respondents 2 to 7 and other unqualified hands in violation of Rule 81 AN of the Kerala Factory Rules. (C) Issue a writ of mandamus commanding the Ist respondent to consider the petitioner and the similarly placed other operators (Plant) qualified to be promoted as Assistant Process Engineer for promotion.” 2. We are told today that during the pendency of the original petition, respondents 2 to 7 were regularised as Assistant Process Engineers overlooking the claim of the appellant with effect from the dates they started officiating. We are also told that all of them started officiating before 1995. The appellant has not chosen to challenge the said order as per which his claim was overlooked and others were regularised. As a result, the said order has become W.A. No. 1975/03 2 final. Therefore, the original petition in which the prayer for mandamus alone was sought has become infructuous. We have also noticed that the appellant has already retired from service. In the absence of any challenge to the regularisation order mentioned above, no relief could be granted to the appellant in the writ appeal. So we affirm the judgment of the learned Single Judge, though for a different reason. Accordingly, the writ appeal is dismissed. K.BALAKRISHNAN NAIR, (JUDGE ) P.N.RAVINDRAN, (JUDGE) vps