IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 649 of 2008(B) ------------------------ PETITIONER: -------------- JAYASREE K., W/O. SANKARAN, LOWER PRIMARY SCHOOL ASSISTANT, MAPPILA L.P. SCHOOL, CHERANDATHUR P.O., THIRUVALLOOR (VIA), VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.K.MOHANAKANNAN RESPONDENTS: ----------------- 1. STATE OF KERALA - REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. ASSISTANT EDUCATIONAL OFFICER, VATAKARA. 3. THE MANAGER, MAPPILA L.P.SCHOOL, CHERANDATHUR P.O., THIRUVALLOOR (VIA), VADAKARA, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.649 OF 2008 ---------------------------------------- Dated this the 25th day of February, 2008 JUDGMENT The petitioner was appointed as Assistant Teacher in the 3rd respondent's School with effect from 15.6.1992. Although the petitioner was continuing in service from 1992 onwards, the petitioner's appointment was approved by Ext.P1 order dated 15.2.1997 only with effect from 5.6.1995. Aggrieved by the same, the petitioner is stated to have filed a representation. But what was produced along with the writ petition originally was only Ext.P5 representation dated 4.4.2007. Along with the amendment petition, the petitioner has now produced a representation - Ext.P8 dated 18.9.2000. Ext.P5 representation was finally rejected by the Government by Ext.P7 order. The petitioner has filed this writ petition challenging Ext.P7 order. When the matter came up for admission on 28.1.2008, it was pointed out to the counsel for the petitioner that Ext.P1 order W.P.(c) No.649/08 2 was passed as early as on 15.2.1997 and the petitioner has not challenged the same till date. The petitioner has filed I.A. No.2786/08 seeking to amend the writ petition incorporating a challenge against Ext.P1 order to the extent it approved the petitioner's appointment only with effect from 5.6.2007. The petitioner's contention is that Ext.P7 order has been passed in violation of principles of natural justice in so far as she has not been heard before passing Ext.P7 order. To explain the delay in approaching this Court, the petitioner submits that in so far as in Ext.P7 the petitioner's request was not rejected on the ground of delay, the matter has to be decided on merits. 2. I have heard the learned counsel for the petitioner in detail. I am not inclined to entertain this writ petition because of unexplained delay and laches on the part of the petitioner. Ext.P1 order was passed on 15.2.1997 approving the petitioner's appointment with effect from 5.6.1995. The petitioner has not approached the authorities against such approval within any reasonable time. Assuming that Ext.P8 also had been received by the Government, that also would not explain the delay in so far as the Supreme Court has in Rabindranath Bose and others V. Union of India and W.P.(c) No.649/08 3 others [1970 Supreme Court 470] has held that repeated filing of representations before the Government and receipt of the same by the Government at that time is not sufficient to explain the delay. In any event even Ext.P8 was filed only on 18.9.2000 three years after the petitioner's appointment was approved. Therefore the petitioner has not been able to explain the inordinate delay in seeking reliefs against the date of approval of her appointment. Petitioner was sleeping over her rights and this Court cannot exercise its discretionary jurisdiction under Article 226 of the Constitution of India in favour of such a petitioner. Accordingly the writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.649/08 4