IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 16697 of 2011(J) ------------------------------- PETITIONER: -------------- T.K.GOPI, HSA (SANSKRIT) GOVT.GIRLS HIGHER SECONDARY SCHOOL, TRIPUNITHURA (NOW UNDER ORDER OF COMPULSORY RETIREMENT), RESIDING AT THURUTHUKATTIL HOUSE, KULAYETTIKKARA P.O., ERNAKULAM DISTRICT, PIN - 683 315. BY ADV. SRI.S.K.BALACHANDRAN RESPONDENTS: ------------------ 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM, CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT - 682030. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.16697/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF JUDGMENT DTD. 10.3.10 IN WP(C) 7812/10 OF THIS COURT. EXT. P2 : COPY OF ORDER No.G3/2846/10 DTD. 12.2.11 ISSUED BY R1. EXT. P3 : COPY OF RELEVANT PAGES OF ORDER No.D5/5640/2010/DPI(2) DTD. 25.5.10 ISSUED BY R1. EXT. P4 : COPY OF APPEAL PETITION SUBMITTED BY PETITIONER BEFORE R1. EXT. P5 : COPY OF POSTAL ACK.CARD SIGNED ON BEHALF OF R1. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16697 OF 2011 --------------------------------------- Dated this the 22nd day of June, 2011. J U D G M E N T The main prayer in the writ petition is for a direction to the Director of Public Instruction to take a decision on Ext.P4 appeal filed under Rule 23 of Kerala Civil Services (Classification, Control and Appeals) Rules 1960 within a time frame. 2. The 1st respondent had initiated disciplinary proceedings against the petitioner on the basis of the complaint submitted by his estranged wife, and a punishment of compulsory retirement has been ordered by Ext.P2 order. The same is under challenge in Ext.P4 appeal. 3. It is pointed out that the petitioner would have normally retired from service on 31.03.2012. Various contentions have been raised by the petitioner in the writ petition and in the memorandum of appeal challenging the punishment. The urgency for disposal of the appeal is that the petitioner if continued in service would have normally retired from service on W.P.(C) No.16697/2011 2 31.03.2012 and would have obtained a promotion also. There will be a direction to the Director of Public Instruction to take a decision on Ext.P4 appeal, after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp