IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27870 of 2009(C) -------------------------- PETITIONER(S): --------------- M.J.ALIAMMA, D/O. LATE M.L.JACOB SR. CLERK (RETIRED ON V.R.S.), COFFEE BOARD, NOW RESIDING AT ANJILMOOTTIL HOUSE, MANGANAM.P.O. KOTTAYAM. BY ADV. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. THE CHAIRMAN, COFFEE BOARD, SECRETARIAT DEPARTMENT, NO.1, DR. AMBEDKAR VEDHI, BANGALORE-560001. 2. THE SECRETARY, COFFEE BOARD, SECRETARIAT, DEPARTMENT, NO.1, DR. AMBEDKAR VEDHI, BANGALORE-560001. 3. UNION OF INDIA, REP. BY SECRETARY, DEPARTMENT OF COMMERCE NEW DELHI. SRI.T.P.M.IBRAHIM KHAN, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. `````````````````````````````````````````````````` W.P.(C) No. 27870 of 2009 C `````````````````````````````````````````````````` Dated this the 6th day of October, 2009 J U D G M E N T Petitioner retired from the services of the Coffee Board at Bodinayakanur, while working as Senior Clerk in the office of Senior Liaison Officer therein. She had availed voluntary retirement under the VRS Scheme which was originally open till 07-11-1994 but later extended. She had been granted an ex- gratia payment equivalent to three months' emoluments for each completed year of service. 2. The petitioner was paid an amount of Rs.3,18,816/- in this regard. But, later, claiming that ex-gratia should have been calculated in the revised scheme, she made a request to the Coffee Board for disbursal of the amount calculated on the said basis. This claim was considered and by Ext.P6 order dated 07- 06-1999, the same was rejected. Relevant portion of Ext.P6 reads as follows:- “ In this connection, this is to inform you that the payment of ex-gratia is applicable only in the pre-revised scale and not in the revised WPC.27870/09 : 2 : pay scales, since the 'Coffee Board Voluntary Retirement Scheme' was introduced during the year 1994 and at that time there was no implementation of revised pay scales. Further, the Board has taken a decision at its meeting held on 5-12-1996 and passed a resolution that the payment of ex-gratia shall be calculated only in the pre-revised pay scale and not in the revised pay scale, as the Voluntary Retirement Scheme which was specially approved to Coffee Board by the Government of India and the ex-gratia was to be paid from the Pool Fund, which was operated by the Coffee Board being the amount involved in the coffee sales of the coffee pooled by the growers. The ex-gratia amount is not being funded by the Government of India nor from the Consolidated Fund of India. In the light of the above, it is to inform you that your request for settlement of the ex- gratia amount in the revised pay scales cannot be considered.” Ext.P6 dated 07-06-1999 has been challenged by the petitioner in this writ petition filed on 05-10-2009. 3. I am not inclined to consider the petitioner's claim on merits. There is undue and unexplained delay on the part of the WPC.27870/09 : 3 : petitioner in challenging Ext.P6. There is no reasonable explanation forthcoming in this regard. Even assuming that the Limitation Act as such would not apply to proceedings under Article 226 of the Constitution of India, the discretionary jurisdiction cannot be exercised and will not be exercised to consider claims which are highly belated. It is not as if the petitioner is an uneducated person nor is it a case where her claim was unresponded to. Her claim for refixing the ex-gratia amount due to her, when she availed VRS, was considered and rejected by a reasoned order issued by the Secretary of the Coffee Board, the competent authority. If the petitioner was aggrieved by the same, she should have approached a competent Forum within a reasonable time from the receipt of Ext.P6. This writ petition instituted after ten years, in my view, ought not be entertained. The writ petition is dismissed. (V.GIRI, JUDGE) aks