IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WA.No. 2379 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.1478/2005 Dated 10/01/2008 .................... APPELLANT(S): PETITIONER ------------------------ V.SURESH KUMAR, SEETHA SADANAM, KOKKAD P.O., KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD RESPONDENT(S): RESPONDETNS 1 TO 3 & 5 ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES(F) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASST.EXCISE COMMISSIONER, KOLLAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOLLAM. R1 TO 3 BY GOVT. PLEADER SMT. R. BINDU ADV. SRI.ALEXANDER THOMAS, SC, KPSC FOR R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2379 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of March, 2009 JUDGMENT Balakrishnan Nair, J. The appellant/petitioner is included in the rank list, published by the Public Service Commission, for the post of Excise Guards in Kollam District. From the pleadings it was not clear what was the rank of the petitioner in the rank list. The learned counsel for the appellant brought to our notice an additional affidavit filed by the petitioner on 11.10.2007, in which he has submitted that his rank number is 73, in the main list. He is an open competition candidate. According to him, persons from open merit quota have already been appointed upto rank number 53. It means, to reach his turn of 73, 40 more vacancies should be filled up. Even as per the interim order, 34 vacancies were only reported and that too in a connected Writ W.A.No. 2379 of 2008 2 Petition. So, even if all the vacancies so reported are filled up, the chances of getting appointment to the appellant are remote. 2. Secondly, the foundation of his claim is based on the excess inter-district transfer to the said post. Those transfers were made from 1995 to 2002. As evident from the statement filed by the Assistant Excise Commissioner, Kollam, which is available at page 86 of the Paper Book, we notice that after the publication of the rank list, only one person was appointed under the inter-district transfer quota. 3. The writ petition was preferred on 12.1.2005. The rank list expired on 14.1.2005. So, the writ petition was filed on the eve of expiry of the rank list. That means, the appellant acquiesced to inter- district transfer, allegedly made in excess of the quota fixed for such transfers. The last of such appointments was made about three years prior to the institution of the writ petition. It means, there is inordinate delay in filing this writ petition. The appellant is guilty of delay and laches. Therefore, the petitioner is not entitled to get any relief based on the excess appointment of inter-district transferees. W.A.No. 2379 of 2008 3 4. In view of the above facts, this Writ Appeal lacks merit and accordingly it is dismissed. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm