IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 33848 of 2010(E) -------------------------- PETITIONER(S): --------------- PONNUSWAMY.U.C, AGED 45, S/O.CHATHAN.K, SACHIDANANTHA NIVAS, SHOLAYOOR P.O., PIN-678 581, ATTAPADI, PALAKKAD DISTRICT. BY ADV. SRI.K.P.MADHU RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT, STATE OF KERALA, GOVT. SECRETARIAT, TRIVANDRUM-695 001. 2. PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM-695 001. 3. DIRECTOR OF HEALTH SERVICES, TRIVANDRUM-695 001. 4. DISTRICT MEDICAL OFFICER, PALAKKAD. ADDITIONAL RESPONDENTS: 4. V.N.DEVIDATHAN, WORKING AS HEAD CLERK, TALUK HOSPITAL, ALATHUR, PALAKKAD. 5. T.P.PRABHAKARAN, WORKING AS JUNIOR SUPERINTENDENT, DISTRICT HOSPITAL, PALAKKAD. 6. VELAPPAN.E., WORKING AS U.D.CLERK, WOMEN AND CHILDREN HOSPITAL, THAICAD, THIRUVANANTHAPURAM. (R4 TO R6 IMPLEADED AS PER ORDER IN I.A.NO.17240/10 ON 13.12.2010) GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.33848 of 2010 ================== Dated this the 13th day of December, 2010 J U D G M E N T The petitioner is presently working as a U.D. Clerk at Public Health Centre, Sholayoor. The petitioner belongs to a Scheduled Tribe community. The petitioner is aggrieved by the action of the respondents in promoting his juniors without considering the petitioner's seniority. The petitioner seeks retrospective promotion with effect from 1993, when his juniors were promoted invoking Rule 13A of the Pat II of KS&SSR. 2. I have heard the learned Government Pleader also. 3. Admittedly the petitioner passed the test qualification, which is a necessary requirement for promotion, only in January 2006. The petitioner is now seeking retrospective promotion with effect from 1993, in 2010. The petitioner has not offered any reasonable explanation for the long delay of 17 years in claiming promotion. Even assuming that the petitioner is legally entitled to such promotion, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner in view of the unexplained delay and laches. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2