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State Of Kerala

High Court Of Kerala|15 October, 2014
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JUDGMENT / ORDER

Antony Dominic, J. 1. The first appellant was appointed as the Headmaster and the second appellant was appointed as High School Assistant of the school, of which, the 5th respondent is the Manager, with effect from 1.4.2010 and 1.6.2010 respectively by Exts.P1 and P2. By orders dated 28.7.2011 and 19.12.2011, their appointments were approved with effect from 7.4.2011 and 1.6.2011 respectively. On 15.7.2014, they filed Exts.P3 and P4 petitions under Rule 92 of Chapter XIV-A KER, seeking approval with effect from the date of appointment. It is thereafter that they filed the writ petition seeking a declaration that they are entitled to get approval of their appointments with effect from the date of their appointments itself. Learned single Judge rejected the writ petition on the ground of delay and laches. It is this judgment which is challenged before us.
2. We have heard learned counsel for the appellant and learned Government Pleader for the official respondents.
3. There is absolutely no explanation whatsoever for the delay that has occurred from the date of Exts.P1 and P2 till the dates of Exts.P3 and P4. Although it is true that Rule 92 chapter XIV-A KER does not prescribe any time limit for filing revision petition, it is the settled position of law that even in the absence of any time limit, remedy should be sought for within a reasonable time. In this case, revision petitions are filed with inordinate delay and therefore, learned single Judge was fully justified in rejecting the writ petition.
4. It is true that the learned counsel for the appellants pointed out grounds (c) and (d), to contend that since no third party rights are affected, the prayer should not be declined. First of all, there is no such pleading in the writ petition and therefore, we will not be justified in entertaining this contention now urged before us in the writ appeal. That apart, the question whether any third party would be affected or not is a question of fact which cannot be looked into at this stage.
Writ appeal fails. It is accordingly dismissed.
Sd/-
ANTONY DOMINIC, Judge.
kkb.
Sd/-
ANIL K.NARENDRAN, Judge.
/True copy/ PS to Judge
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Title

State Of Kerala

Court

High Court Of Kerala

JudgmentDate
15 October, 2014
Judges
  • Antony Dominic
  • Anil K Narendran