IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WA.No. 157 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16991/2006 Dated 06/09/2010 .................... APPELLANT(S): / PETITIONER -------------- MARY POWLY G.L.,AGED 47 YRS,W/O.JAMES JITHIN NIVAS, LOURDE PURAM, KANJIRAMKULAM VILLAGE NEYYATTINKARA TALUK,THIRUVANANTHAPURAM BY ADV. SRI.B.RAJEEV KOYICKAL RESPONDENT(S): / RESPONDENTS --------------- 1. THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,REP.BY ITS SECRETARY, FORT JUNCTION, THIRUVANANTHAPURAM-695001 2. THE KERALA STATE PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004 3. J.PRAVEEN, THIRUVANANTHAPURAM DISTRICT CO-OP.BANK LTD NEYYATTINKARA P.O.,THIRUVANANTHAPURAM-695121 4. DILEEP KUMAR J., THIRUVANANTHAPURAM DISTRICT CO-OP.BANK LTD NEYYATTINKARA P.O.,THIRUVANANTHAPURAM-695121 MR.ALEXANDER THOMAS, SC FOR PSC MR.K.G.RADHAKRISHNAN, SC FOR R1 MR.T.R.HARIKUMAR, SC FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No.157 of 2011 & C.M.Appln.No.100 of 2011in W.A.No.157 of 2011 --------------------------------- Dated, this the 8th day of February, 2011 J U D G M E N T Ramachandran Nair, J. This belated Writ Appeal is filed against the judgment of the learned Single Judge declining to issue direction to the PSC to advice the appellant for appointment in the 1st respondent Bank as Peon cum Watchman. 2. We have heard learned counsel for the appellant and learned Standing Counsel for the respondent Bank. 3. The Writ Appeal is filed with a delay of 99 days. However, during considering the delay condonation petition, we have considered the merit of the case as well. The list prepared by the PSC for appointment in the respondent Bank, in which the petitioner got included, expired on 30/06/2006. The Writ Petition itself was filed one day previous to the date on which the list was to expire. The learned Single Judge held that under interim orders, this Court directed reporting of vacancies and appointment of W.A.No.157/2011 -2- candidates from the very same list so far as others are concerned, and since the list had expired long ago, there was no scope for a direction to make appointment from that list, which expired 4½ years back. Therefore, we do not find any merit in the delay condonation petition as well as in the Writ Appeal. Consequently, the delay condonation petition and the Writ Appeal are dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg