IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 32820 of 2009(V) -------------------------- PETITIONER: --------------- MANSOOR KOORIYADAN, S/O.MOHAMMED KUTTY RESIDING AT KOORIYADAN HOUSE, CHETTIPPADI P.O., MALAPPURAM DISTRICT. BY ADV. MR. HARISH R. MENON MR. K.T.SHYAMKUMAR RESPONDENTS: --------------- 1. THE SECRETARY, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR (MEDICAL), DEPARTMENT OF HEALTH THIRUVANANTHAPURAM. 3. ADDITIONAL DIRECTOR (MEDICAL) DEPARTMENT OF HEALTH, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ S. SIRI JAGAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 32820 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 17th day of November 2009. JUDGMENT Petitioner's services as Ophthalmic Assistant in the Department of Health of the Government of Kerala were terminated by order dated 24.07.2008. Petitioner filed an appeal before the 2nd respondent. The same was not considered. When the petitioner enquired about it, the petitioner was told that the proper appellate authority is the first respondent and the petitioner has to file appeal before the first respondent. Accordingly, the petitioner has filed Ext.P9 appeal before the first respondent. Petitioner seeks a direction to the first respondent to dispose of Ext.P9 appeal expeditiously. This is opposed by the learned Government Pleader, who would submit that the appeal has been filed out of time. I have heard both sides. It is not disputed before me that the petitioner had filed an appeal before the second respondent in time. That being so, the second respondent had a duty to forward the appeal to the proper appellate authority when it W.P.(C). No. 32820 OF 2009 2 was received, if the 2nd respondent was not the appellate authority. In my opinion, in such circumstances, Ext.P9 appeal should be considered as one received within time. The first respondent shall dispose of Ext.P9 appeal accordingly, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The writ petition is disposed of as above. (S. SIRI JAGAN) JUDGE kkms/