IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 8009 of 2009(U) ------------------------------------ PETITIONER(S): ---------------------- T.K. KUNJUMUHAMMED, RESIDING AT BUSHRA MANZIL, THANDICKAL HOUSE, THOTTAKATTUKARA P.O., ALUVA, ERNAKULAM DISTRICT. BY ADV. MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENT(S): ------------------------- THE KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD.NO.679, ALAPPUZHA, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. MR.K.S.HARIHARAPUTHRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.8009 of 2009-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of March, 2009. JUDGMENT The petitioner is an employee of the first respondent. Disciplinary proceedings against him reached this Court and Ext.P5 judgment was issued directing the appointment of an officer of the rank of Assistant Registrar in the Co-operative Department to be the enquiry officer. One Sri.A.K.Bhanu was appointed. He was, later, promoted. On demitting office, he relinquished the office of the enquiry officer also. Thereafter, one Sankarankutty was appointed. He, unfortunately, died in a motor accident. This was in December, 2008. Another enquiry officer is yet to be appointed. In the aforesaid circumstances, it is ordered that the respondent will take immediate steps for WP(C)8009/09 -: 2 :- obtaining orders of the RCS in the light of Ext.P5 judgment and the fact situation noted above and conclude the enquiry proceedings within four months from now. There appears to be a dispute between the parties as to whether the petitioner is in the managerial cadre. Therefore, the issue as to whether the petitioner is entitled to any further amounts as subsistence allowance under the Kerala Payment of Subsistence Allowance Act or any other service conditions is left open to be agitated before the competent appropriate authority. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270309