IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 21165 of 2008(T) ---------------------------------- PETITIONER : ---------------- S.LEELAMMAL, ASST.SALES WOMAN, MAVELI STORE, ARANMULA BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS : ------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., MINISTRY OF CIVIL SUPPLIES, THIRUVANANTHAPURAM 2. THE MANAGING DIRECTOR, KERALA CIVIL SUPPLIES CORPORATION, GANDHI NAGAR, KOCHI. 3. ADDL.GENERAL MANAGER (P&A), KERALA CIVIL SUPPLIES CORPORATION GANDHI NAGAR, KOCHI. 4. JUNIOR MANAGER, INTERNAL AUDIT WING (I.A.W.(FIELD), DISTRICT DEPOT., PATHANAMTHITTA. 5. THE REGIONAL MANAGER, KERALA CIVIL SUPPLIES CORPORATION, REGIONAL OFFICE, KOTTAYAM. ADV. SMT.MOLLY JACOB,SC,SUPPLYCO FOR R2 TO 5 GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 21165 of 2008 ----------------------------- Dated this 18th day of November, 2008 J U D G M E N T The petitioner who is an Assistant Sales Women in the Maveli Store at Aranmula run by the Kerala State Civil Supplies Corporation Limited challenges Ext.P8 order of suspension passed by the Regional Manager of the Corporation at Kottayam. The learned counsel appearing for the petitioner submits that the service rules provide for an appeal from the order of suspension and that the period of limitation prescribed for filing such an appeal is one month from the date of service of the order. The learned counsel submits that this writ petition was presented on 11-7-2008 well within the said period of one month and that as this writ petition has been pending in this Court for the past 4 months, the petitioner may be permitted to withdraw the writ petition and file an appeal and that on such appeal being filed, the respondents may be directed to consider the same and pass orders thereon on the merits. 2. Smt.Moly Jacob, the learned standing counsel appearing for the Corporation submits that though Ext.P8 is an appealable order, the petitioner has not till date invoked that remedy. The learned standing counsel also submits that the time prescribed for W.P.(C) NO: 21165 of 2008 2 filing an appeal has also expired. 3. Ext.P8 order of suspension was passed on 28-6-2008. This writ petition challenging Ext.P8 was presented on 11-7-2008 well within the period of one month, prescribed for filing an appeal. Such being the situation, as the petitioner has an effective alternate remedy, I dispose of the writ petition with the following directions:- The petitioner shall within three weeks from today, file an appeal before the competent appellate authority. The appellate authority shall on receipt of the said appeal entertain it as one filed within time and pass orders thereon after affording the petitioner an opportunity of being heard. Final orders on the appeal shall be passed within six weeks from the date of receipt of the appeal. The contentions of the petitioner on the merits are left open. P.N.RAVINDRAN, JUDGE bps