IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 2460 of 2011(F) ------------------------- PETITIONER(S): --------------- J.JOSEPH FRANCIS, SUB ENGINEER (ELECTRICAL), K.S.E.B., 220 KV SUB STATION, EDAMON, KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY (KSEB IN SHORT) REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-4. 2. THE CHIEF ENGINEER (H.R.M), K.S.E.B, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-4. ADV.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.2460 of 2011 ================== Dated this the 25th day of January, 2011 J U D G M E N T The petitioner is an employee of the Kerala State Electricity Board. He was suspended on being accused of offences under the Prevention of Corruption Act on 13.11.2003. He was reinstated on 16.4.2005. While so, by Ext.P3 order dated 19.3.2007, the scales of pay of the employees of the Board were revised with effect from 1.8.2003. The petitioner submits that consequently, the petitioner is entitled to revised subsistence allowance for the period of suspension. The petitioner relies on Ext.P7 judgment of this Court in W.P.(C). No.34424/2003 in support of the proposition that in cases of wage revision retrospectively with effect from a date prior to the suspension, the subsistence allowance also has to be recomputed in accordance with the revised wages. 2. I have heard the learned counsel for the petitioner. 3. I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner in view of the unexplained delay and laches. Admittedly, the petitioner was suspended from service on 13.11.2003 and he was reinstated on 16.4.2005. The wage revision came into force retrospectively by Ext.P3 order dated 19.3.2007. Almost four years are already over thereafter. Even Ext.P7 judgment is dated w.p.c.2460/11 2 27.5.2008 and the petitioner has not chosen to approach this Court within a reasonable time after that judgment also. The petitioner has approached this Court only on 24.1.2011. In the above circumstances this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge