IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WA.No. 762 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5261/2004 Dated 08/02/2008 .................... APPELLANT: ----------- P.D.STEPHEN, APPRAISER,EDAKOCHI SERVICE CO-OPERATIVE BANK LTD.NO.116, EDAKOCHI, KOCHI- 682006. BY ADV. SRI.P.N.MOHANAN RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE BANK LTD NO.116, (GENERAL), ERNAKULAM, KOCHI-16. 3. EDAKOCHI SERVICE CO-OPERATIVE BANK LTD. NO.116, REPRESENTED BY ITS SECRETARY, EDAKOCHI, KOCHI-682006. Government Pleader MR.K.SANDESH RAJA SHRI.A.V.XAVIER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. -------------------------------------------------------------------------------- Writ Appeal No.762 of 2008 -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The writ petitioner is the appellant. His claim for regularisation in service with retrospective effect from 1976 instead of from1981 has been rejected by the competent authority. So the Writ Petition was filed challenging those orders. The learned single Judge dismissed the Writ Petition. Hence this appeal. 2. The brief facts of the case are the following. The appellant was appointed as a Part-time Attender in the third respondent Society on 14.04.1976. He submits, his appointment was regularised by the Society from 01.07.1978. Later, he was re-designated as Helper from 22.10.1981. While so, the Registrar of Co-operative Societies as per order dated 17.07.1981, ordered to regularise all irregular appointments made in primary co-operative societies upto 30.06.1980 and who are continuing in service on the date of the said order. In the light of that order, by Ext.P1 order of the Joint Registrar, the service of the appellant was regularised. His regularisation was in the post of WA 762 OF 2008 2 Attender with effect from 14.04.1976. The said order was cancelled by the Joint Registrar by Ext.R3(2) order dated 09.10.1982. Later, a fresh order was passed as per Ext.P2 dated 09.10.1982 regularising him in the post of Office Helper with effect from 22.10.1981. 3. As evident from the materials on record, the appellant did not take any steps against the cancellation of the retrospectivity of his regularisation. Later, he submitted an application on 01.06.1992 as evident from Ext.P3, claiming service benefits for the period from 14.04.1976 to 22.10.1981. The same was rejected by order dated 21.07.1992. Thereafter, the appellant filed a representation before the Joint Registrar on 20.10.2001. The same was rejected by Ext.P3 communication dated 11.03.2002. The petitioner again moved the Joint Registrar. His representation was again rejected by Ext.P4 proceedings of the Joint Registrar dated 13.09.2002. He filed an appeal against Ext.P4 before the Government under Section 83(I)(j) of the Kerala Co- operative Societies Act, a copy of which is produced in the Writ Petition as Ext.P5. The Government considered the matter and rejected the appeal by Ext.P6 order dated 01.09.2003.The Writ Petition was filed challenging Exts.P3, P4 and P6. The learned single Judge dismissed the Writ Petition. Therefore, WA 762 OF 2008 3 this appeal is filed, challenging the judgment of the learned single Judge on various grounds. 4. The learned counsel for the appellant submitted that Ext.R3(2) has been passed without notice to him and behind his back. But he was aware of the consequential order Ext.P2 passed on 09.10.1982, modifying the date of effect of his regularisation in service. The appellant has not chosen to challenge that order as noticed earlier. His next representation against that order was filed only in 1992, which was rejected in that year itself. Thereafter, he demurred against the adverse order only in 2001, which led to the proceedings ending with the filing of the Writ Petition. We notice that the petitioner is guilty of delay and laches. He has suffered the adverse order for several years. Therefore, after the lapse of about 20 years, he cannot be permitted to re-agitate the matter. Therefore, we find nothing wrong with the Judgment of the learned single Judge. 5. The learned single Judge has left open the claim of the writ petitioner that if the past service between 14.04.1976 and 22.10.1981 could be reckoned for the purpose of grant of pension only, he can pursue that claim in terms of Ext.P6. We notice that the learned Judge has rightly declined to interfere with WA 762 OF 2008 4 Ext.P6 and other impugned orders. We agree with the reasons and conclusions in the Judgment under appeal. Even assuming on the strength of Ext.P1, the petitioner had any case on merits, he has lost it owing to acquiescence, delay and laches. In the result, the Writ Appeal fails and it is dismissed. K.BALAKRISHNAN NAIR,JUDGE 01.04.2008 P.N.RAVINDRAN, JUDGE sta WA 762 OF 2008 5