IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WA.No. 1356 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.18649/2001 Dated 27/05/2003 .................... APPELLANTS/RESPONDENTS IN THE O.P: --------------------------------- 1. STATE OF KERALA REPRESENTED BY COMMISSIONER AND SECRETARY TO GOVERNMENT, PWD, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A &E), KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS RESPONDENTS/PETITIONER IN THE O.P ---------------------------------- T.M.SHAHUL HAMEED, RETIRED SPECIAL GRADE EXECUTIVE ENGINEER, SKAN, TALANGARA, KASARAGOD. BY ADV.SRI.S.CHANDRASENAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.1356 OF 2008 () & C.M.APPLN.NO.1356 OF 2008 ----------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T KOSHY,J. This is a petition to condone the long delay of 1608 days in filing the writ appeal. Writ petitioner retired from Public Works Department on 30.6.1999. Under the seven tier system, he was promoted as Special Grade Executive Engineer by Ext.P2 order dated 20.6.1998. But he was not paid the monetary benefits from the date of promotion. Therefore, the promotion did not reflect in the computation of pensionary benefits. The seven tier system was withdrawn to five tier system with effect from 25.1.2003 much before the retirement of the petitioner. Government decided that promotions already given before 25.1.2003 need not be disturbed. But such decision was later modified but the benefits will be given to 13 persons who approached the Court and got orders before 25.1.2003. Petitioner approached the court on 26.2.2001. Only because of the delay on the part of the court, O.P. was not disposed of, otherwise, he should have been W.A.NO.1356 OF 2008 () & C.M.APPLN.NO.1356 OF 2008 2 clubbed with the 13 persons who filed writ petition. Petitioner was also promoted on 20.6.1998 and retired from service on 30.6.1999. He was actually promoted and he is entitled to the benefits of promotion. In any event, the long delay of more than 1500 days was not explained by the appellant. It is submitted that a review petition was pending before the Court. Even the review petition was filed with delay. Review petition order was passed on 14.12.2007 whereas the appeal was filed only in June 2008 and no grounds are explained for condoning the long delay. We are not expressing any opinion in the other matters pending as we are disposing of the matters on the basis of the facts of the case. Delay petition is dismissed. Consequently, appeal is also dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp W.A.NO.1356 OF 2008 () & C.M.APPLN.NO.1356 OF 2008 3 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008