IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WA.No. 390 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN IA.NO.3242/11 IN WPC.28268/2010 Dated 25/02/2011 .................... APPELLANT(S): -------------------- 1. KERALA FINANCIAL CORPORATION, HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-33, REP.BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-33. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENT(S): RESPONDENTS 3 TO 7 IN I.A ---------------------------------------- 1. JESUDASAN.K.X., S/O.K.V.XAVIER, AGED 50 YEARS, KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLOOR VILLAGE, ERNAKULAM DISTRICT. 2. T.RAVEENDRAN, S/O.THANKAPPAN, AGED 50 YEARS, "ATHIRA", KIZHAVOOR, MUKHATHALA.P.O., KOLLAM DISTRICT. 3. STATE OF KERALA, REP.BY THE SECRETARY, FINANCE, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4. M.T.KRISHNANKUTTY, DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, THRISSUR-680 020. 5. M.K.RAVIKUMAR, DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, PATHANAMTHITTA, PIN-689 645. 6. GEORGE JACOB, DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, PATHANAMTHITTA, PIN-689 645. 7. VINOD.G.R, DEPUTY MANAGER, KERALA FINANCIAL CORPORATION, HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001 8. JOY THOMAS, S/O.E.T. THOMAS, AGED 51, RESIDING AT IRUPPAKATTU HOUSE, PULIYOOR GARDENS, HOUSE NO.32, NALANCHIRA.P.O, THIRUVANANTHAPURAM - 15. GOVT. PLEADER SMT.MEENA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 390 of 2011 ---------------------------------------------- Dated this the 4th day of April, 2011 JUDGMENT J.Chelameswar, CJ. The present appeal is filed aggrieved by an order dated 25.2.2011 in I.A.No.3242 of 2011 in WP(C).No.28268 of 2010, by which a learned Judge of this Court declined to vacate an interim order granted initially on 30.9.2010. The said interim order was initially granted for a period of three weeks, which came to be extended from time to time by orders dated 20.10.2010, 3.11.2010 and 1.12.2010. It appears that a petition to vacate the stay came to be filed only on 24.2.2011. Therefore, the learned Judge declined to vacate the order and recorded as follows: “I extended the interim order until further orders only on 1.12.2010. All these orders were passed with full knowledge of the learned standing counsel for the respondents in his presence. As such, at this point of time I am not inclined to vacate the interim order. Accordingly, the I.A is dismissed.” 2. In the circumstances, we are of the opinion that the learned Judge was fully justified in declining to vacate the interim order and we do not find any reason to interfere with the same. The Writ Appeal is, therefore, dismissed. WA.390/11 2 Learned counsel for the appellants requests that in view of the interim order passed by the learned Judge in the Writ Petition, the Writ Petition may be heard at an earlier date. In view of the fact that the appellant is a State owned Corporation and stalling of promotions in question would lead to administrative inconvenience, we deem it appropriate to direct the Registry to list the Writ Petition before the appropriate Bench on 6th June, 2011 for hearing. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs