IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WA.No. 222 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22144/2004 DATED 26/11/2007 .................... APPELLANTS/RESPONDENTS IN THE WPC -------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, STATE WATER TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR, STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. BY GOVERNMENT PLEADER SMT.MEERA RESPONDENT/PETITIONER IN THE WPC ---------------------------------------------------------- T.C.GEORGE, STATION MASTER (RETIRED) THANDASSERIL HOUSE, PARAMPUZHA P.O., KOTTAYAM. BY ADV. MR.M.V.BOSE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.222 of 2009 and C.M.Appl.No.118 of 2009 ------------------------------------- Dated 4th February, 2009 JUDGMENT Koshy, Ag.C.J . The writ petitioner was granted third higher grade after 23 years of service by Ext.P1 order from 4.1.2001. He retired on 31.1.2003. Even though there was delay in payment of pensionary benefits, on the directions of this court in O.P.No.10616/2003 retiral benefits were granted. But, later, by Ext.P5 order dated 9.7.2004, the Director has cancelled the third higher grade without any notice to the petitioner. No notice was issued to the petitioner, either by the Government or Director while passing the impugned order and the order was passed after two years of the grant of third higher grade and after more than 18 months of his retirement. Since Ext.P5 order was passed without any notice, the learned Judge found that it is only harassment. A retired employee has to approach court even for getting his retiral benefits. Apart from the above, this appeal is filed with a delay of 383 days. The only reason stated is the delay in getting legal opinion. That reason can be stated in any case. The long delay of 383 days in filing the appeal is not at all satisfactorily explained and condonation of the same will amount to harassment to W.A.222/2009 2 a retired employee especially when it is not disputed that no notice was issued before issuing Ext.P5 order. We see no grounds to condone the long delay. Hence, the delay condonation petition is dismissed. Consequently, the appeal is also dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks