IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 25271 of 2010(H) ----------------------------------------- PETITIONER(S): ----------------------- T.M.BIJU, (FORMERLY HEADMASTER AND PRESIDENT, MANAGING BODY, A.L.P.SCHOOL, VELLANIKARA), PRESENTLY WORKING AS UPPER PRIMARY SCHOOL ASSISTANT, GOVERNMENT UPPER PRIMARY SCHOOL, THRIKKANAYA, ELANAD P.O., THRISSUR DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): -------------------------- 1. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN-695 014. 2. DEPUTY DIRECTOR (EDUCATION), THRISSUR, PIN-680 003. R1 AND R2 BY GOVERNMENT PLEADER MR.DILIP MOHAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 25271 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2010 J U D G M E N T The petitioner is presently working as an Upper Primary School Assistant in G.U.P.S., Thrikkanaya in Thrissur District. He was deployed to the said school on account of closure of ALP School, Vellanikkara. With respect to certain allegations levelled against the petitioner while he working as Headmaster of ALP School, Vellanikkara disciplinary proceedings were initiated against him and, as per Ext.P2 the second respondent has imposed barring of two increments with cumulative effect on the petitioner. Feeling aggrieved by the said order of punishment petitioner has preferred an appeal under Rule 81 of Chapter XIV A of Kerala Education Rules before the first respondent. Ext.P3 is dated 23.12.2008 and it is still pending before the first respondent. It is feeling aggrieved by the undue delay in the matter of disposal of the said statutory appeal that this writ petition has been filed. Indisputably, an appeal will lie against Ext.P2 order under Rule 81 of Chapter XIV A of the KER. The petitioner WPC.No.25271/2010 : 2 : has already availed the said appellate remedy by filing Ext.P3. Considering the said fact, I am of the view that there is no reason at all for delaying consideration of Ext.P3 any further. Therefore, there will be a direction to the first respondent to consider and pass orders on Ext.P3 appeal filed by the petitioner expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //True copy// P.A to Judge