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 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WA.No. 2294 of 2005 --------------------- AGAINST THE JUDGMENT IN OP.6723/1996 Dated 27/06/2005 .................... APPELLANTS/RESPONDENTS: ------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS CHAIRMAN, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, MANJERI. BY ADV. SRI.A.SUDHI VASUDEVAN, SC, KSEB RESPONDENT/PETITIONER: ------------------------------ K.T.ABDUL KALAM AZAD, KUNNATHODIKA HOUSE, PANDIKKADU P.O., VIA MANJERI. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2294 OF 2005 and C.M. Appl. No.2574 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of November, 2010 JUDGMENT J.Chelameswar, C.J. C.M. Appl. No.2574 of 2005 is filed for condonation of delay of 49 days in preferring the writ appeal against the judgment dated 27.06.2005 in OP No.6723 of 1996. 2. The abovementioned Original Petition was filed by the sole respondent herein who, it appears, is a person with disability within the meaning of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The said Original Petition was disposed of with a declaration that the petitioner shall be deemed to have been in regular service of the appellant herein with effect from the date he joined duty pursuant to the interim order of this Court. Challenging the said direction, the instant appeal is filed with a delay of 49 days. Having filed the appeal, the appellants did not WA No. 2294 of 2005 and CM.Appl.2574 of 2005 -:2:- pursue the appeal for a period of almost 5 years. The whole conduct of the appellants, in our view, does not justify any consideration of the prayer in the instant application for condonation of delay in preferring the appeal. The application is therefore dismissed. Consequently the appeal also is dismissed. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb