IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 9936 of 2011(N) --------------------------------- PETITIONERS: --------------- 1. K.MOHANACHANDRAN, (RETD), UPPER DIVISION CLERK, T.C.16/12, EVRA-261, KRISHNAVILASAM ROAD, JAGATHY,THIRUVANANTHAPURAM-14. 2. KUTTI BABU, (RETD), SERGEANT,(RTD) 'SOWPARNIKA VEEDU, NEDIYAVILA, THINAVILA, KEEZHATTINGAL.P.O., VIA ATTINGAL-695 101. 3. G. BABY NAIR, LAST GRADE(RETD)(PEON), SALINI VELAN VILA, KUSAVARKAL, MUKKOLA.P.O., THIRUVANANTHAPURAM-695 044. 4. P. VIVEKANANDAN, LAST GRADE (RETD), (PEON) 'KARTHIKA BHAVAN', SREE BHATHRA NAGAR, N.C.C.ROAD, PEROORKADA.P.O., THIRUVANANTHAPURAM. PIN-695 005. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT(A), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DEPUTY DIRECTOR GENERAL, NATIONAL CADET CORPS, NATIONAL CADET CORPS DIRECTORATE(K&L), THIRUVANANTHAPURAM-10. R1 & R2 BY GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9936 of 2011(N) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF DISCHARGE CERTIFICATE ISSUED IN RESPECT OF THE 1ST PETITIONER. EXT.P2: COPY OF DISCHARGE CERTIFICATE ISSUED IN RESPECT OF THE 2ND PETITIONER. EXT.P3: COPY OF DISCHARGE CERTIFICATE ISSUED IN RESPECT OF THE 3RD PETITINOER. EXT.P4: COPY OF DISCHARGE CERTIFICATE ISSUED IN RESPECT OF THE 4TH PETITIONER. EXT.P5: COPY OF JUDGMENT DATED 1.3.2010 IN W.A.NO.1308/2010. EXT.P6: COPY OF JUDGMENT DATED 14.7.2010 IN W.P.(C)NO.21868/2010. EXT.P7: COPY OF JUDGMENT DATED 11-10-2010 IN W.P.(C)NO.31062/2010. EXT.P8: COPY OF JUDGMENT DATED 7-12-2010 IN W.P.(C)NO.36499/2010. EXT.P9: COPY OF G.O. DATED 16-11-1981 ISSUED BY THE GOVERNMENT. EXT.P10: COPY OF G.O.DATED 06-11-1992. EXT.P11: COPY OF G.O.DATED 8.12.1993. EXT.P12: COPY OF G.O.DATED 26-11-2003 EXT.P13: COPY OF JUDGMENT DATED 1-3-2010 IN W.P.(C)NO.23825/2008. EXT.P14: COPY OF REPRESENTATION SUBMITTED BY 1ST PETITIONER BEFORE R2. EXT.P15: COPY OF REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE R2. EXT.P16: COPY OF REPRESENTATION SUBMITTED BY 3RD PETITIONER BEFORE R2. EXT.P17: COPY OF REPRESENTATION SUBMITTED BY 4TH PETITIONER BEFORE R2. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.9936 OF 2011 ---------------------------------------------- Dated this the 28th day of June, 2011 JUDGMENT The petitioners are retired Government servants of the N.C.C. Department. Prior to entering Government service, they had military service to their credit. They have filed this writ petition seeking a direction to the 2nd respondent to consider Exts.P14 to P17 representations filed by them for reckoning their military service for the purpose of grant of higher grade and qualifying service for retirement benefits. 2. The learned Government Pleader takes strong objection to the prayers on the ground that the petitioners retired from service as early as in 1999 and it is too late in the day for them to seek counting of their military service for the purpose of service benefits. 3. I find considerable merit in the objections raised by the learned Government Pleader. As rightly pointed out by the learned Government Pleader, after having retired in 1999, it is too late in the day for the petitioners to seek counting of their W.P.(C)No.9936/11 2 military service for the purpose of service benefits. Accordingly, the writ petition is dismissed on the ground of delay and laches. S. SIRI JAGAN, JUDGE acd W.P.(C)No.9936/11 3