IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 31888 of 2010(I) -------------------------- PETITIONER(S): --------------- M.G.SUSEELAN, MANDAPATHIL HOUSE, CHEROOR P.O., THRISSUR - 6800O8. BY ADV. SRI.ANIL SIVARAMAN SMT.APARNA RAJAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF TOURISM, DEPARTMENT OF TOURISM, PARK VIEW, THIRUVANANTHAPURAM. 695001. 2. GOVERNMENT OF KERALA, REP. BY SECRETARY, DEPARTMENT OF TOURISM, SECRETARIAT, THIRUVANANTHAPURAM. 695001. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.31888 of 2010 ================== Dated this the 3rd day of November, 2010 J U D G M E N T The petitioner entered service as a chauffeur in the department of Tourism on 17.7.1979. He retired from service on 31.10.2007. He submits that at the time when the petitioner was eligible for promotion as steward, he was not given that promotion on the ground that he did not have experience in bungalow management. Pursuant to the direction by a Division Bench of this Court, the petitioner was deputed for training in bungalow management, consequent to which, the petitioner was posted as steward on completion of the training. At that time, the post of Manager Grade III was lying vacant, to which, according to the petitioner, he was eligible for promotion. That was not given to him. He was ultimately promoted as Manager Grade III on 29.10.2007, just before his retirement. The petitioner submits that the petitioner was entitled to promotion with effect from 23.7.2003. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) call for the records leading to Ext.P11 and quash the same by the issue of a writ in the nature of certiorari or any other appropriate writ, order or direction; ii) issue a writ in the nature of mandamus commanding the respondent to grant notional promotion to the petitioner to the cadre of Manager Grade III with effect from 23.7.2003 when the post of Manager Grade III fall vacant and to give him consequential benefits.” w.p.c.31888/10 2 2. I have heard the learned Government Pleader also. 3. The petitioner is seeking retrospective promotion with effect from 23.7.2003. He retired on 31.10.2007. He filed this writ petition only on 18.10.2010. He had plenty of time to seek promotion with retrospective effect even during his service. He has not done anything, although the petitioner would contend that he had filed representations in this regard. That is not sufficient explanation for the delay in seeking the relief prayed for in this writ petition. Therefore, I am satisfied that the petitioner is guilty of delay and laches. The writ petition is dismissed on that ground. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge