IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 34018 of 2010(B) --------------------------------------- PETITIONER(S): ----------------------- 1. M.G.RAMACHANDRAN, AGE 50 YEARS, S/O.M.K.GOVINDAN, ASSISTANT EXECUTIVE ENGINEER, K.S.E.B., T.C.SUB DIVISION, MUVATTUPUZHA, ERNAKULAM DISTRICT, RESIDING AT MITTATHANICAL HOUSE, KOLENCHERRY P.O., PIN-682 311. 2. M.Y.GEORGE, AGED 51 YEARS, S/O.YOHANNAN, ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, KALADY, ERNAKULAM DISTRICT, RESIDING AT MANICKATHAN HOUSE, KIDANGOOR P.O., ANGAMALI, PIN-683 572. BY ADVS. SRI.P.P.JNANASEKHARAN SRI.S.DILEEP SRI.JYOTHIBASU RESPONDENT(S): -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD (K.S.E.B.), REPRESENTED BY ITS SECRETARY VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN-695 004. 2. THE CHIEF ENGINEER (HRM), (K.S.E.B.), VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN-695 004. 3. BABU.P.K., ASSISTANT EXECUTIVE ENGINEER (ELE.), ELECTRICAL DIVISION, PONKUNNOM P.O., KOTTAYAM DISTRICT.686 506 4. REJINI.K.S., ASISSTANT EXECUTIVE ENGINEER (ELE.) 400 KV SUB STATION, MADAKKATHARA, THRISSUR.PIN- 680 651 R1 & R2 BY ADV.SRI.K.S.ANIL, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.34018 OF 2010 --------------------------------------- Dated this the 4th day of January, 2011 JUDGMENT The petitioners are challenging seniority of respondents 3 and 4 in the post of Assistant Executive Engineer(Electrical) in the Kerala State Electricity Board. They also seek retrospective promotion with effect from the date when respondents 3 and 4 were promoted. On 11.11.2010 I passed the following order: “The petitioners are challenging the seniority of respondents 3 and 4 in the post of Assistant Executive Engineer (Electrical). Respondents 3 and 4 were promoted as Assistant Executive Engineers (Electrical) by Ext.P6 order on 20.2.2002. The petitioners were promoted to the same post on 16.6.2006 and 25.7.2007 respectively. Even thereafter, the petitioners took three more years to raise a dispute regarding their seniority before a court of law. Of course the petitioners contend that they had filed representations on 17.4.2002 and 6.6.2002. I am prima facie of opinion that filing of representations would not save the writ petition from being dismissed on the ground of delay and laches. When this was pointed out to the learned counsel for the petitioners, he seeks time to file an affidavit explaining the delay”. The petitioners have now filed an affidavit dated 25.11.2010 W.P.(C)No.34018/10 2 seeking to explain the delay. Even after considering the same, I am not satisfied that the petitioners have sufficiently explained the long delay. Therefore, the writ petition is dismissed on the ground of unexplained delay and laches. S. SIRI JAGAN, JUDGE acd W.P.(C)No.34018/10 3