IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WA.No. 1428 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.32916/2007 Dated 18/02/2008 .................... APPELLANT/PETITIONER ------------------------------------ S.PRASANTH, ARCHANA, MAYYANAD P.O., KOLLAM. BY ADV. SRI.T.A.SHAJI RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM REP. BY ITS SECRETARY. GOVERNMENT PLEADER SRI.SANDESH RAJA FOR R2 ADV. SRI.ALEXANDER THOMSA, SC, KPSC FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1428 OF 2008 ------------------------------------- Dated 18th July, 2008 JUDGMENT Koshy,J . While working as a Development Officer in the Life Insurance Corporation of India, petitioner was advised by the Public Service Commissioner to the post of Assistant Engineer/Assistant Town Planning Officer Grade II in the Municipal Common service. As per the advice memo dated 5.9.2003, posting orders were issued on 13.10.2003. Petitioner requested for extension of joining time by 45 days. That extension was granted. According to the petitioner, he was not able to get relieving order from the LIC. and, therefore, he wanted further time. He did not join within the 45 days granted. Then, Ext.P1 was issued stating that unless he join duty within 45 days, appointment order will be rejected. The above order was issued on 28.10.2003. Again on 9.1.2004 he was informed that unless he join duty within 10 days, he will not be allowed to join duty. The statement that as identity particulars were not received by him, he was not able to join duty also cannot be considered as genuine. On 11.3.2004, he requested the Government for three months' time to join duty. That was declined on 12.4.2004. We are of the opinion that petitioner was given sufficient time to join duty. If non- W.A.1428/2008 2 joining vacancies are not reported before the expiry of the list, even the NJD vacancies cannot be filled up and he cannot spoil the chance of another person by waiting for pensionable service in the LIC. We are of the opinion that learned Judge has considered the matter in its proper perspective. Even though the statement in the impugned judgment that the petitioner requested for two years' time is not correct, the undue delay in not joining duty beyond 45 and 10 days allowed by the Government was properly justified. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks