IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WA.No. 1648 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.18682/2005 .................... APPELLANT/PETITIONER ------------------------ V.G.RAJAN,RETIRED SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD, RESIDING AT RAGAM NIVAS,ADICHIPUZHA POST, PERUNAD, PATHANAMTHITTA DISTRICT. BY ADV. SRI.S.RAMESH BABU RESPONDENTS/RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM-695 001. 2. THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, NALLALAM, KOZHIKODE-673 572. 3. THE ACCOUNTS OFFICE(PENSION AUDIT), VYDYUTHI BHAVAN,PATTOM, TRIVANDRUM-695 001. ADV. SRI.PULIKOOL ABOOBACKER, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... Writ Appeal No.1648 of 2011 & C.M. Appl. No.970 of 2011 .................................................................... Dated this the 9th day of November, 2011. JUDGMENT Manjula Chellur, Ag. C.J. The appellant has approached this court with a delay of 563 days in filing the appeal. He retired from Kerala State Electricity Board on 30.9.2004 as Senior Superintendent. No pensionary benefits were given to the appellant on the ground that a recovery proceedings amounting to Rs.8,21,441/-(Rupees eight lakhs twenty one thousand four hundred and forty one only) was pending which was in respect of shortage of materials during the tenure of the appellant as Assistant Store Keeper, Transmission Circle, at Nallalom. The Writ Petition came to be filed by the appellant challenging non-disbursement of pensionary benefits. The appellant did not dispute the account and shortage of materials as detailed in Ext.P5. He has also not denied being in charge of the materials, rather custodian of the materials, which were found short as stated above. In the departmental enquiry W.A. 1648/2011 2 the only contention was that he has not amassed any wealth disproportionate to his known sources of income, therefore, he should not be found fault with the misappropriation of materials found short during his tenure. It was also his contention that the very nature of shortage of materials would indicate that it was not physically possible for the materials to be lifted from the Stores. None of the above contentions could come to the assistance of the appellant. As he being in charge of the Stores at the relevant point of time, irrespective of the fact whether it was physically possible for him to remove or not, he should alone account for the shortage of the materials. He has neither denied the shortage of materials nor his custody over the same. So also the value of the materials is not in dispute. 2. The learned Judge after referring to every material found against the appellant herein disposed of the matter on merits against the appellant and the appellant never thought seriously to impugn the order of the learned Single Judge. He has come with a delay of 563 days. According to him, he was suffering from cardiac problem, therefore, he was not in a position to approach his Advocate to give proper W.A. 1648/2011 3 instructions for filing the appeal. Though such averments are forthcoming from the affidavit, no document of any sort is accompanying the affidavit filed by the appellant to substantiate that he was undergoing treatment for his cardiac problem. Whether it is cardiac surgery or other cardiac ailment, unless the appellant substantiates the same, the delay of 563 days cannot be taken into consideration. We find that neither the delay condonation application nor the appeal have any merits to proceed with the matter. Accordingly the application for delay is dismissed. Appeal stands dismissed. Sd/- MANJULA CHELLUR Acting Chief Justice Sd/- C.N.RAMACHANDRAN NAIR Judge True copy P.S. to Judge pms