IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 13341 of 2009(K) -------------------------------------- PETITIONER(S): ---------------------- 1. P.SREEKUMAR, S/O.KUNHIRAMAN NAIR, MAVELI STORE, THIRUVANNUR, KOZHIKODE. 2. O. VIJAYAN, LABHAM MARKET, CHATHAMANGALAM, KODUVALLY UNIT. 3. P. RADHAKRISHNAN, MAVELI STORE, VAZHIPOOKU, KOZHIKODE DEPOT. 4. M. MANOHARAN, MAVELI STORE, KAKKOOR, KODUVALLY. 5. K. VENUNATH, MAVELI STORE, KAKKODI, KOZHIKODE. 6. V.MURALEEDHARAN, DISTRICT DEPOT, BEYPORE, KOZHIKODE. 7. K.K.HAMEED, S/O.KUNHIKOYA, MAVELI STORE, KUTTICHIRA, CALICUT DEPOT. 8. DEVI. P., MAVELI STORE, VAZHIPOKKU, KOZHIKODE. 9. K.K.PEETHAMBARAN, LABHAM MARKET, NGO QUARTERS, CALICUT DEPOT. BY ADV. MR.T.G.RAJENDRAN SMT.T.J. SEEMA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, SECRETARIAT, THIRUVANANTHAPURAM. WP(C).No. 13341 of 2009(K) 2. KERALA STATE CIVIL SUPPLIES CORPORATION, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 3. THE REGIONAL MANAGER, SUPPLYCO, REGIONAL OFFICE, JAIL ROAD, KOZHIKODE. 4. THE DEPOT MANAGER, SUPPLYCO, KOZHIKODE. R1 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN R2 TO R4 BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 13341 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of May, 2009 JUDGMENT Heard Sri. T.G.Rajendran, the learned counsel appearing for the petitioner and Smt. Moly Jacob, the learned counsel appearing for respondents 2 to 4. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the first respondent. 2. The petitioners are employees of the Kerala State Civil Supplies Corporation. They have filed this writ petition, aggrieved by Et.P4 order dated 23-1-2009 passed by the third respondent directing recovery of the sum of R.2,289/- each from them towards the loss alleged to have been caused to the Kerala State Civil Supplies Corporation. The petitioners submit that they are not liable to make good the loss sustained by the Corporation and that there is no justifiable reason to proceed against them. The learned standing counsel appearing for the Kerala State Civil Supplies Corporation submits that an appeal lies from Ext.P4 to the Addl. General Manager, Personnel and Administration and that as the petitioners have an WPC 13341/09 2 effective alternate remedy, this Court may not at this stage, entertain this writ petition. The learned standing counsel also submits that aggrieved by Ext.P4, the petitioners have filed separate appeals before the Chairman and Managing Director and that the appeals ought to have been filed before the Addl.General Manager. 3. Ext.P4 order was passed on 23-1-2009. The period of limitation for filing an appeal is two months from the date on which the order appealed against is served on the employee. Within the said period the petitioners have filed appeals, though before the Chairman & Managing Director. The learned standing counsel submits that the Chairman and Managing Director will forward the originals of the appeals to the competent authority namely, the Addl. General Manager. In my opinion if such a procedure is adopted, the appeals would certainly be within time. Since the petitioners have an alternate remedy by way of an appeal and have filed appeals though not before the proper authority, I am of the opinion that they should pursue the said remedy instead of seeking the intervention of this Court at this stage. I accordingly dispose of this writ petition with a direction to the Chairman and Managing Director of the Kerala State Civil Supplies Corporation to transmit the originals of the appeals filed by the petitioners to the competent authority within one month from today. The appellate WPC 13341/09 3 authority shall, on receipt of the appeals, consider the same and pass orders thereon within a period of three months from the date of receipt of the appeals, after affording the petitioners a reasonable opportunity of being heard. The appellate authority shall after orders are passed, communicate a copy thereof to the petitioners. Till such time, the recovery pursuant to Ext.P4 shall be kept in abeyance. P.N.RAVINDRAN, JUDGE. mn.