IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 8780 of 2011(V) ------------------------- PETITIONER(S): --------------- V.K. VASU, HOSPITAL ATTENDANT, GRADE-II, P.H.C UPPUTHARA, IDUKKI DISTRICT, RESIDING AT VARICKANICAL HOUSE, IDUKKI COLONY.P.O, IDUKKI - 685 602. BY ADV. SRI.JOHNSON P.JOHN SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENT(S): --------------- 1. DIRECTOR, HEALTH SERVICE DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DISTRICT MEDICAL OFFICER, IDUKKI, PAINAVU.P.O, IDUKKI - 695 602. 3. MEDICAL OFFICER, PRIMARY HEALTH CENTRE, UPPUTHARA, IDUKKI DISTRICT. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 8780 of 2011 ================== Dated this the 21st day of March, 2011 J U D G M E N T Pursuant to disciplinary proceedings against the petitioner, who is working as a Nursing Assistant in the service of the Government of Kerala, a punishment has been imposed on the petitioner by Ext.P1 order. Against that order, the petitioner has filed Ext.P2 statutory appeal before the 1st respondent routed through respondents 2 and 3. The grievance of the petitioner in this writ petition is that respondents 2 and 3 are not forwarding the appeal to the 1st respondent in order to enable the 1st respondent to consider and pass orders on the same. The petitioner, therefore, seeks the following reliefs: “(i) To issue a writ of Mandamus or any other writ, direction or order directing Respondents 2 and 3 to forward Ext.P2 appeal filed by the petitioner to the 1st Respondent forthwith; (ii) To issue a writ of Mandamus or any other writ, direction or order directing the 1st Respondent to consider and dispose of Ext.P2 appeal within a time fixed by this Hon'ble Court.” 2. I have heard the learned Government Pleader also. 3. I am of opinion that when the petitioner files a statutory appeal, respondents 2 and 3 have a duty to forward the same to the 1st respondent expeditiously and the 1st respondent has a duty to consider the appeal also, expeditiously. 4. In the above circumstances, this writ petition is disposed of with the following directions: w.p.c.8780/11 2 Respondents 2 and 3 shall see that Ext.P2 is forwarded to the 1st respondent within two weeks from the date of receipt of a certified copy of this judgment. The 1st respondent shall dispose of Ext.P2 after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of Ext.P2 from respondents 2 and 3. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge