IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 4248 of 2011(E) ------------------------- PETITIONER(S): --------------- 1. K.K.ABOOBAKER , KAREKADU HOUSE, CHITTATTUKARA, KAKKASSERY, THRISSUR. 2. T.G.GIRIJA, PEURUKKUDY HOUSE, MELOOR [PO CHALAKUDY. 3. C.C.SHAHIDA, C/O.MOHAMMED HANEEFA, PALAYAMKOTT HOUSE, KAROOR HOUSE, WEST CHALAKUDY PO, THRISSUR DISTRICT. 4. P.K.RAMAN, PUTHUKULANGARA HOUSE KUTTOOR VILLAGE, KUTTOOR POST, THRISSUR DISTRICT. 5. T.THANKAM, THALAPPILLY HOUSE MOORKANIKARA, KOZHUKKULLY, THRISSUR. BY ADV. SRI.M.CHATHUKUTTY NAMBIAR RESPONDENT(S): --------------- 1. THE DIRECTOR , E.S.I INSURANCE MEDICAL SERVICE, THIRUVANANTHAPURAM PIN 695 001. 2. SECRETARY LABOUR & WELFARE DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM PIN 695 001. 3. THE ACCOUNTANT GENERAL STATE OF KERALA, THIRUVANANTHAPURAM PIN 695 001. GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 4248/2011 APPENDIX PETITIONER(S)' EXHIBITS P1 TO P4 COPY OF THE THE RELIEVING LETTER ISSUED TO PETITIONERS 1 TO 4. P5. COPY OF THE ORDER DTD.16.12.99 BY THE GOVT. P6. COPY OF THE PETITION DTD.15.10.09 BY THE 4TH PETITIONER. P7. COPY OF THE APPOINTMENT ORDER OF P5. P8. COPY OF THE ORDER GRANTING HIGHER GRADE TO P5 P9. COPY OF THE GOVT. ORDER DTD.10.7.07. sdk+ ///True copy/// P.A. to Judge . S.SIRI JAGAN, J. ================== W.P.(C).No. 4248 of 2011 ================== Dated this the 17 th day of June, 2011 J U D G M E N T The petitioners retired from service of the Insurance Medical Service Department of the Government of Kerala on 31.8.2007, 31.12.2006, 30.6.2006, 31.3.2010 and 30.4.2006 respectively. They have filed this writ petition seeking time bound higher grade benefits allegedly due to them while they were in service. On 24.2.2011, I passed the following interim order; “When it was pointed out to the learned counsel for the petitioners, that the petitioners retired long ago and they are seeking service benefits years after their retirement and the benefits relate to the period while they were in service, the counsel for the petitioners seeks time to file additional pleadings explaining the delay. Post after two weeks.” Pursuant to the same, I.A.No.4698/2011 has been filed producing Ext.P9 Government order, by which, the Government has made amendments to the Kerala Insurance Medical Subordinate Services Special Rules. According to the petitioners, the petitioners became entitled to the benefits only by Ext.P9 amendment to the special rules and that is why, they could not file the writ petition earlier. But Ext.P9 is dated 10.7.2009 and it is not retrospective in nature. That being so, Ext.P9 cannot govern the claims of petitioners 1, 2, 3 and 5. As such, the explanation offered for the delay is not at all satisfactory. But the 4 th petitioner having retired only on 31.3.2010, w.p.c.4248/11 2 he may have some claims on the basis of Ext.P9 order. But I am not inclined to entertain this writ petition at the instance of petitioners 1, 2 3 and 5, since their claims are highly belated and the same suffers from the vice of delay and laches. Therefore, the writ petition by petitioners 1, 2, 3 and 5 is dismissed on the ground of delay and laches. The 4 th petitioner may file a separate writ petition for the same cause of action. This writ petition is, therefore, dismissed without prejudice to the right of the 4 th petitioner to file a fresh writ petition on the same cause of action. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge