IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WA.No. 1163 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.25641/2001 Dated 06/02/2008 .................... APPELLANT: PETITIONER IN THE OP: -------------------------------------------------------- K.V.OUSEPH, INSTRUCTOR GRADE II, M.A.COLLEGE OF ENGINEERING, KOTHAMANGALAM. BY ADV. SMT.I.SHEELA DEVI RESPONDENTS: RESPONDENTS IN OP: ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER AND SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. C.K.ISAAC, INSTRUCTOR GRADE I, M.A. COLLEGE OF ENGINEERING, KOTHAMANGALAM. 4. K.G.MATHAI, INSTRUCTOR GRADE I, M.A. COLLEGE OF ENGINEERING, KOTHAMANGALAM. 5. CHAIRMAN, GENERAL BODY, M.A. COLLEGE ASSOCIATION, KOTHAMANGALAM. BY GOVERNMENT PLEADER SRI. BENNY GERVACIS BY ADV. SRI.M.T.SURESHKUMAR - R3 SRI.R.RENJITH - R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- W.A. No. 1163 of 2008 --------------------------------------- Dated this the 5th day of June, 2008 Judgment Koshy,J. Appellant/Petitioner retired as Instructor Grade II in Civil Engineering of M.A. College of Engineering, Kothamangalam. He was appointed as Instructor Grade II on 1.4.1977. On 20.8.1977 the principal of that College called for applications from among Instructor Grade II for consideration for promotion to the post of Instructor Grade I and respondents 3 and 4 who were seniors to the petitioner were promoted on 31.1.1978. It is true that a doubt was expressed in an audit report in 2000 regarding their qualification, but, later, that was withdrawn. Petitioner, after his retirement, filed this application questioning the promotion of respondents 3 and 4 which was effected as early as on 31.1.1978. According to the respondents, they were qualified also. The only question is that whether the experience gained was from the correct institution or not and the experts found that experience was sufficient. In any event, the promotions were in 1977-78 and the petitioner raised an objection in 2000 for the first time after more than two decades and W.A.No. 1163/2008 2 after his retirement. The learned single Judge, therefore, on the ground of laches, dismissed the petition and we fully agree with the views of the learned single Judge. Appeal is dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No. 1163/2008 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No. 1163 of 2008 ------------------------------------- Judgment Dated:5th June, 2008