IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WA.No. 1547 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18891/2007 Dated 03/04/2008 .................... APPELLANT(S): PETITIONER ------------------------ MURUKA KUMARAN NAIR.S, KURAKKODE KIZHAKKUMKARA PUTHENVEEDU, KUDAYAL.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.J.R.PREM NAVAZ SMT.SMITHA GEORGE SRI.MANU TOM RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, PUBLIC WORKS (ROADS & BUILDINGS), DEPARTMENT, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER (IRRIGATION & ADMINISTRATION), THIRUVANANTHAPURAM. 5. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PSC OFFICE, PATTOM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.R.BINDU FOR R1-4 SRI.ALEXANDER THOMAS, SC, KPSC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ```````````````````````````````````````````````````` W.A. No. 1547 OF 2008 E ```````````````````````````````````````````````````` Dated this the 26th day of June, 2009 J U D G M E N T Balakrishnan Nair, J. The writ petitioner is the appellant. He was a candidate included in the rank list published by the Public Service Commission for appointment to the post of Overseer Grade III in Public Works Department / Irrigation Department on 23.7.2001. The validity of the rank list expired on 31.12.2004. When the list was going to expire, some of the candidates included in the list approached this court and filed W.P.(C) Nos.33363/04 and 34519/04. This court passed an interim order on 6.12.2004 directing the Chief Engineers of the concerned departments to report 202 vacancies of Grade III Overseer in the Public Works Department and 602 vacancies in the Irrigation Department. The writ petition was later heard and finally disposed of by judgment dated 1.8.2006. This court directed the Public Service Commission to advise candidates to 19 vacancies of Grade III Overseer reported from the Irrigation Department. The petitioners WA.1547/08 : 2 : therein, dissatisfied with the direction, filed W.A. No.503/07. The said appeal was dismissed by Ext.R4(b) judgment holding that it is for the Chief Engineer of the Department to assess the vacancy position under him and the court cannot interfere with it. It was also noticing that the list has already expired, the Writ Appeal was dismissed. The petitioners therein filed a Review petition before the Single Bench. That was also dismissed by Ext.P3 order. In the meantime, apparently based on the reporting of vacancies as per the interim order, the petitioner herein was advised for appointment as per Ext.P2 dated 17.3.2006 in the Irrigation Department. Out of the total number of 602 vacancies in the Irrigation Department, only 19 vacancies were available for advice and appointment in view of the final judgment in W.P.(C) Nos.33363/04 and 34519/04. The petitioner obviously being lower in rank was not therefore appointed pursuant to Ext.P2. So, the writ petition was filed seeking a direction to the appointing authority, the 4th respondent, to appoint him pursuant to Ext.P2. Learned single Judge found that the said claim is untenable and dismissed the writ petition. Hence, this appeal. WA.1547/08 : 3 : 2. The learned senior counsel Sri.K.Ramakumar appearing for the appellant submitted that there were several vacancies available in the Irrigation Department in the post of Overseer Grade III, which were occupied by provisional hands. If they were displaced, the appellant would have got appointment. The learned counsel also submitted the retention of the provisional hands was illegal and unjust. 3. The persons aggrieved by the non-reporting of vacancies have already approached this court during the currency of the rank list. This court finally found that only 19 vacancies were available for reporting as per Ext.R4(a). The said decision was affirmed in review and also in appeal. The appellant has not chosen to approach this court during the currency of the rank list or thereafter. He approached this court only in June 2007 raising a contention that before 31.12.2004, there were provisional hands working in the Irrigation Department and thereby he has been denied appointment. The said claim is plainly untenable. The appellant is guilty of delay and laches. The reliefs, which cannot be granted to those who vigilantly prosecuted their case, cannot WA.1547/08 : 4 : be granted to the appellant who slept over his rights. Ext.P2 advice was issued on the basis of the interim order. Once the final judgment is pronounced he cannot claim any relief in the light of the interim order. The Writ Appeal, therefore, fails and it is accordingly dismissed. Sd/- (K. BALAKRISHNAN NAIR, JUDGE) Sd/- (C.T. RAVIKUMAR, JUDGE) aks // True Copy // P.A. to Judge