IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WA.No. 141 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33178/2005 Dated 02/06/2006 .................... APPELLANT/PETITIONER: --------------------- T.A.PRABHAKARAN, AGED 79, THAYYIL HOUSE, ARYAD NORTH P.O., ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: RESPONDENTS ------------------------ 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE JOSEPH, ADDL.CGSC FOR R1 AND R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- W.A.NO.141 OF 2008 () & C.M.APPLN.68 OF 2008 ----------------------------------- Dated this the 21st day of January, 2008 J U D G M E N T KOSHY,J. This is a petition to condone the long delay of 450 days in filing the appeal. Petitioner filed an application to the State Government to recommend his eligibility for pension and for directing the Central Government to consider his application. Admittedly petitioner was not a convict and he did not suffer any imprisonment as a convict. His application was once rejected and by Ext.R3(a) order another application was filed. The authorities has considered his application and rejected his claim. The learned Single Judge refused the new document produced and step of the respondents were upheld. In any event, after the impugned judgment, for filing copy application itself more than five months was taken and copy application W.A.NO.141 OF 2008 () & C.M.APPLN.68 OF 2008 2 was filed only on 3.1.2007. In the medical certificate attached to the affidavit for delay condonation, it was stated that from 12.1.2007 he was under treatment for chicken gunea and the date of issue of the medical certificate was 18.10.2007, that means, for nine months he was under treatment for chicken gunea. We are unable to accept the above certificate and we see no ground to condone the long delay, and hence, delay condonation petition is dismissed. Consequently, appeal is also dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st January, 2008