Devendra Kumar Arora, J. - (1.) HEARD Learned Counsel for the parties.
(2.) BY means of present writ petition, the Petitioner is seeking a writ of mandamus thereby commanding the Respondents to provide the benefit of Government Order dated 08.03.1995 as well as to make payment of arrears after providing benefit of the said Government Order. It is admitted position that the Petitioner is about 74 years of age and has attained the age of superannuation on 31.07.1996. No. reasons have been explained for not approaching this Court at the relevant time. The only explanation is given that he was making representation before the authorities concerned.
(3.) THE Hon'ble Supreme Court in the case reported in : 2009 (2) SCC 479, S.S. Balu and Anr. v. State of Kerala and Ors. pleased to observe as under: It is also well settled principle of law that "delay defeats equity". The Government Order was issued on 15.01.2002. The Appellants did not file any writ application questioning the legality and validity thereof. Only after the writ petitions filed by others were allowed and the State of Kerala preferred an appeal there against, they impleaded themselves as party -Respondents. It is now a trite law that where the writ Petitioner approaches the High Court after a long delay, reliefs prayed for may be denied to them on the ground of delay and laches irrespective of the fact that they are similarly situated to the other candidates who obtain the benefit of the judgment. It is, thus, not possible for us to issue any direction to the State of Kerala or the Commission to appoint the Appellants at this stage.;