LAWS(KER)-2016-12-26

M.SREEKUMAR Vs. NIJEESH K.K.

Decided On December 07, 2016
M.Sreekumar Appellant
V/S
Nijeesh K.K. Respondents

JUDGEMENT

(1.) The judgment dated 29.09.2016 passed in W.P.(C) No. 19313 of 2009 is appealed against by the employees (respondents 3 and 4 in the writ petition), whose seniority would be affected and who apprehend that they would be reverted to the lower post in case promotion is given to the writ petitioner/1st respondent herein pursuant to the judgment passed by the learned single Judge.

(2.) During the course of hearing, Sri.Elvin Peter, learned counsel appearing on behalf of the High Court, on instructions, submits that none of the appellants would be reverted back to the lower post and they would continue in the post held by them as on this day.

(3.) Having regard to such submission, Sri.Bechu Kurian, learned senior counsel appearing on behalf of the appellants submits that then he may not pursue the appeal. However, he submits that the persons who have not approached the Court in time or the authority as on the date of passing the impugned judgment, also may approach the High Court seeking relief in their favour based on the impugned judgment. Such occasion may not arise at all since any of the persons who may approach the High Court in administrative side and in judicial side pursuant to the impugned judgment of this Court may not get relief in as much as such relief may be denied on the ground of delay and laches.