IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 18762 of 2010(U) ----------------------------------------- PETITIONER(S): ------------------------ E.NABEESA UMMA, JUNIOR SUPERINTENDENT, EZHUPUNNA GRAMA PANCHAYATH,ERAMALLOOR.P.O., ALAPPUZHA NOW RESIDING AT THAIPARAMBIL HOUSE, ERAMALLOOR.P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.N.RADHAKRISHNAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., LOCAL SELF GOVT. DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.18762 of 2010 --------------------------------- Dated, this the 16th day of June, 2010 J U D G M E N T The petitioner joined the Panchayat Common Service as a Bill Collector in 1982. Thereafter, she was advised and was appointed to the post of Typist. This was in 1985. While continuing so, in the year 1990 & 1993, seniority lists were published and her prior service as Bill Collector was not given credit. Long thereafter, promotion was given to the petitioner as Head Clerk retrospectively from the date on which his juniors were promoted. Consequential orders were issued by Ext.P3 fixing her at serial No.694-A of the seniority list of Secretaries. 2. Subsequently, on 19/08/2009, the petitioner submitted Exts.P4 & P5 representations against Ext.P3, where her main complaint is regarding the loss of seniority during the period 1982- 1985. Orders have not been passed on Exts.P4 & P5. In the meanwhile, Ext.P6 order has been issued in April 2010, and the petitioner complains that her juniors have been promoted to the WP(C) No.18762/2010 -2- post of Special Grade Secretaries. It is in this background, the writ petition has been filed. The submission of the learned counsel for the petitioner is mainly regarding the seniority lists of 1990 and 1993, where her service from 1982-1985 as a Bill Collector was not given credit. Unless this issue is reopened and settled, the remaining grievances cannot be redressed. In my view, this claim of the petitioner made at this distance of time cannot be entertained for delay and laches, and if entertained that will upset the seniority position that was settled for all these years. Therefore, the claim made is highly belated and stale, and cannot be directed to be even considered. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg