Kerala High Court
The Assistant Educational ... vs The Assistant Educational ... on 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
C.M.Appl.No.1 of 2019 in WA.No.252 OF 2020
&
W.A.NO.252 OF 2020
AGAINST THE JUDGMENT IN WP(C) 18721/2008(D) OF HIGH COURT OF
KERALA
APPELLANTS/RESPONDENTS 1 & 2IN WP (C):
1 THE ASSISTANT EDUCATIONAL OFFICER,
IRIKOOR, KANNUR.
2 THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR.
BY SRI.A.J. VARGHESE - SR.GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & 3RD RESPONDENT IN WP(C):
1 K.KUNHIRAMAN
TEACHER, KAMALIYA MADRASSA A.U.P. SCHOOL, IRIKOOR,
KANNUR-670593.
2 R.K. REGHAVAN,
TEACHER, KAMALIYA MADRASSA A.U.P. SCHOOL, IRIKOOR,
KANNUR-670593.
3 THE HEADMISTRESS,
KAMALIYA MADRASSA A.U.P SCHOOL, IRIKOOR,
KANNUR-670593.
R1-2 BY ADV. SRI.M.SASINDRAN
OTHER PRESENT:
SRI. A. J. VARGHESE-SR. G.P.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.M.A.No.1/2020 in W.A.No..252/2020
& W.A.No.252/2002 2
JUDGMENT
Dated this the 13th day of January 2021
Shaffique, J.
This appeal has been filed with a petition to condone delay of 918
days. In the affidavit filed in support of the above application, it is
stated that, after receiving certified copy of the judgment on 7.7.2017,
the matter was placed before the learned Government Pleader for
opinion and it was opined that there is no scope for filing appeal. The
same was approved by the learned Additional Advocate General on
08.08.2017. The legal opinion was forwarded to the Deputy Director of
Education, Kannur on 08.09.2017. By letter dated, 30.10.2018, the
Secretary to Government directed the Deputy Director of Education to
file the writ appeal and finally, the file was placed before the learned
Government Pleader for preparing writ appeal on 05.09.2019.
Thereafter, due to workload, the learned Government Pleader could
prepare the appeal only on 15.01.2020 and the same was placed before
the learned Advocate General for approval on 16.01.2020. The approval
was granted on 17.01.2020 and finally, the writ appeal was filed on
3.2.2020.
2. The learned counsel appearing for the respondents objects
to the above application. It is submitted that sufficient cause has not
C.M.A.No.1/2020 in W.A.No..252/2020
been shown to condone delay.
3. What we find from the affidavit is that, though initially the
legal opinion was to comply with the directions issued by the learned
single Judge, the Government had a different opinion. But, there is
considerable delay on the part of the Deputy Director of Education to
finalise the proceedings in filing appeal and though he received a copy of
the judgment on 8.9.2017, finally, the opinion to file the appeal was
given only on 05.09.2019. Thereafter also there was considerable delay
in filing the appeal for more than one year. Under such circumstances,
we are not satisfied that sufficient cause has been shown to condone the
delay. That apart, the case involved is only with reference to payment of
HRA.
The petition to condone delay is hence dismissed and
consequently, the writ appeal is dismissed.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
JUDGE
acd
