IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 27975 of 2003(E) -------------------------- PETITIONER(S): --------------- M.P.SURESHAN, S/O. KUNHIKANNAN, AGED 47 YEARS, SENIOR INSTRUCTOR, GOVERNMENT INDUSTRIAL TRAINING INSTITUTE, KANNUR-7. BY ADV. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, INDUSTRIAL TRAINING DEPARTMENT, THYCAUD, TRIVANDRUM. BY GOVERNMENT PLEADER SMT N.SUDHA DEVI FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27975 of 2003(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE RANKED LIST OF CANDIDATES FOR THE POST OF WORKSHOP STTENDER (ELE) EXT.P2 - TRUE COPY FO THE ADVICE OF THE PETITIONER. EXT.P3 - TRUE COPY OF THE ORDER NO. A3/20119/84 FO THE 2ND RESPONDENT. EXT.P4 - TRUE COPY OF THE ORDER NO. A6/1271/87/K.DIS. OF THE 2ND RESPONDENT. EXT.P5 - TRUE COPY OF THE ORDER NO. A2/17080/88 OF THE 2ND RESPONDENT. EXT.P6 - TRUE COPY OF THE ORDER NO. A2/3881/86 OF - DO - EXT.P7 - TRUE COPY OF THE ORDER NO. 2522/C1/99/LABOUR OF THE GOVERNMENT. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 27975 of 2003 ................................................. Dated this the 13th day of November, 2009 J U D G M E N T In accordance with the notifications issued by the Public Service Commission, inviting applications, the petitioner applied for selection to the post of the Workshop Attender (Electronics). Pursuant thereto, a rank list was published for the post of Workshop Attender (Electronics) in which the petitioner was also included. By Ext.P3 order dated 11.12.1984, the petitioner was appointed as Workshop Attender. Subsequent to Ext.P4 order dated 23.1.1987, his probation in the post of Workshop Attender was declared to have been satisfactorily completed. By Ext.P5 order dated 12.7.1988, the petitioner was promoted as Junior Instructor. But it appears that the petitioner was actually working as Workshop Attender (Mech., Radio & Television) from which post, he was promoted as Junior Instructor by Ext.P5. Later, the petitioner's representation for seniority in the cadre for Workshop Attender (Electronics) was rejected by Ext.P7 order dated 23.2.2003. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: W.P(C) No. 27975 of 2003 -2- “call for the records relating to Exhibit P-7 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. (b) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to grant seniority to the petitioner in the trade Electronics in consonance with Exhibit P-2 and all consequential benefits arising therefrom.” I am not inclined to consider the contentions of the petitioner on merits for the sole reason of unexplained delay and laches. From Ext.P5 order dated 12.7.1988, petitioner knew that his appointment was as Workshop Attender (Mech., Radio & Television). He did not take any steps to challenge the same for quite a long time. Ext.P7 order is passed by the Government on a petition filed by the petitioner on 22.12.1998. The petitioner has not been able to give any satisfactory explanation for the delay of ten years between 12.7.1988 and 22.12.1998. For that reason alone, this writ petition is liable to be dismissed. Ordered accordingly. S. SIRI JAGAN, JUDGE rhs