IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WA.No. 2419 of 2005 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.25157/2005 DATED 29/08/2005. .................... APPELLANT/ PETITIONERS IN W.P: -------------------------------------------------- 1. C.K. CHANDRA BOSE, NON-MEDICAL SUPERIOR (RETIRED), DEEPAKAM, CHANGAMPUZHA CROSS ROAD, EDAPPALLY, ERNAKULAM. 2. R. VASUDEVAN NAIR, NON-MEDICAL SUPERIOR (RETIRED), HARIPPAD, ALAPPUZHA DISTRICT. BY ADV. SRI. M.C. NAMBIAR. RESPONDENTS/ RESPONDENTS IN W.P: ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT HEALTH AND FAMILY PLANNING, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, STATE OF KERALA, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI. BENNY GERVACIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & THOMAS P.JOSEPH, JJ. -------------------------------------- W.A.No.2419 OF 2005 ------------------------------------- Dated 19th August, 2008 JUDGMENT Koshy,J . The appellants/petitioners who retired as Non-medical Superiors in the Health Department question the seniority list which was published as early as on 11.4.1992. They were appointed as Leprosy Health Visitor Trainees. According to them, when the final seniority list was published, 25 persons overtook their seniority. It can be seen from the records that the provisional seniority list was published on 1.10.1991. Three months' time was given for the aggrieved persons for filing representations for correction of anomalies and the final list was published on 11.4.1992, after consideration of the representations given within the prescribed time limit. The petitioners filed representations only after the prescribed time limit. In 1999 a writ petition, O.P.No.13294 of 1999, was filed by the petitioners. In that case, the representations were directed to be disposed of. Thereafter, the representations were disposed of stating that the petitioners were originally recruited as Leprosy Health Visitor Trainees and sent for training. They failed in the examination and only subsequently when they passed, they were absorbed in the service. Therefore, the seniority W.A.2419/2005 2 list was prepared correctly. Apart from that, it was also observed that the list was finalised as early as on 11.4.1992 and they filed the representations for the first time only after the time limit was over. After finalisation of the list, for a long time, there was no representation against the final seniority list. So, the representations were dismissed by Ext.P9, both on merits and on the question of time lag. Learned single Judge dismissed the writ petition mainly on the ground of delay. In this case, clearly `sit back theory' will apply. If the petitioners' representations were allowed, the entire applecart will be upset. Promotions given have to be reworked. Affected parties are not impleaded. Since they did not challenge the seniority list in time, it cannot be reopened. We agree with the views of the learned single Judge. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks